“On January 14, 2021, the U.S. Small Business Administration (“SBA”) published “correcting amendments” to clarify some items in its October final rule, Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments (effective November 16, 2020). SBA’s correction is welcome news for small business because, among other things, it harmonizes SBA’s socio-economic joint venture (“JV”) past performance regulations with another JV past performance regulation that SBA significantly expanded upon in its October final rule…”
“By way of background, in its October final rule, SBA significantly expanded its JV past performance regulation at 13 C.F.R. § 125.8(e), which currently provides:
Capabilities, past performance and experience. When evaluating the capabilities, past performance, experience, business systems and certifications of an entity submitting an offer for a contract set aside or reserved for small business as a joint venture established pursuant to this section, a procuring activity must consider work done and qualifications held individually by each partner to the joint venture as well as any work done by the joint venture itself previously. A procuring activity may not require the protégé firm to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. The partners to the joint venture in the aggregate must demonstrate the past performance, experience, business systems and certifications necessary to perform the contract…” Read the full post here.
Source: SBA Amends Final Rule, Harmonizes JV Past Performance Regulations – By Joshua Duvall, January 19, 2021. LinkedIn.
