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Federal Market Intelligence for Small Business |
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Final rule on new paths for past performance credit now in effectThe Small Business Administration’s recent final rule creating new methods for small business contractors to gain past performance credits went into effect on Aug. 22. The rule allows certain small business offerers to rely on the past performance of joint ventures (JVs) in which they were a member and in which they performed a portion of the work. Secondly, the rule established a process for certain small businesses to obtain past performance credit when performing as a first-tier subcontractor, but only under a prime contractor with a subcontracting plan. “This rule greatly expands the ability of small businesses to establish a record of meaningful and relevant past performance,” commented Samuel S. Finnerty, PilieroMazza PLLC partner. A small business offeror without its own record of performance as a prime may now rely on the past performance of a JV in which it was a member involved in performance of its contracts. The small business must identify the JV and the contracts in which it performed, and explain the duties it carried out. Also under the rule, the eligible first-tier subcontractors may request a performance rating for up to 30 days after completion. The prime contractor must provide the rating within 15 calendar days. If the subcontractor intends to rely on the rating, the rating must include--at minimum--evaluations for technical quality, cost control, schedule and management.
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