SBA has issued a final rule that should help small businesses demonstrate their past performance more easily. Perhaps most importantly, the rule will allow for a small business to receive a written performance record, similar to CPARS, showing its performance as a subcontractor to a large business prime. The new rule will also allow a small business to better utilize its past performance that it carried out as a member of a joint venture.
Both of these new rules are rooted in the 2021 National Defense Authorization Act. The final rule will be effective August 22, 2022 and will create a new section 13 CFR 125.11. Here are some of the key aspects of these new rules and how SBA responded to comments on the proposed rule…
There is no timeliness restriction on using past performance, although that had been in the proposed rule. This means, if a solicitation allows it, a small business past performance has no expiration date…
The new rule will enhance past performance ratings where a small business performed as part of a joint venture. It creates a new requirement to address the circumstance upon which an agency is required to consider past performance of small businesses that have been members of certain joint venture or first-tier subcontractors… Read the full article here.
