A new final rule, published Friday by SBA in the Federal Register, offers small businesses two extra methods to prove qualifying past performance: joint ventures, where they were members performing contract work, and prime contracts with subcontracting plans, where they were first-tier subcontractors.
The rule implements Section 868 of the National Defense Authorization Act of fiscal 2021 — aimed at making it easier for small business subcontractors to obtain the past performance ratings they need to compete for prime contracts — by letting them request ratings from contracting officers and prime contractors they’ve worked with previously. SBA proposed the rule Nov. 18 and received 15 public comments…
SBA holds that because the requirement to respond to subcontractors’ requests will be included in primes’ subcontracting plans, a failure to comply could lead to contract termination, withholding of award fees, lower past performance ratings for subcontracting, liquidated damages, and even debarment for “willful or repeated” cases.
“SBA is therefore adding to this final rule that subcontractors should notify the contracting officer in the event that the prime contractor fails to submit the requested rating within the rule’s prescribed timeframe,” SBA’s comments read… Read the full article here.
