The SBA Proposes New Rules to Help Small Businesses in Obtaining Past Performance

The SBA proposes to amend its regulations to implement new provisions of the National Defense Authorization Act (NDAA) for fiscal year 2021 that provides small business contractors with new tools to establish past performance when bidding on prime contracts for Government procurements. The proposed rules would add two new methods for small businesses to obtain qualifying past performance. One proposed rule would allow a small business with no relevant past performance of its own to use the past performance of a joint venture in which it took part. The second proposed rule would require prime contractors to provide, to small businesses that served as a first-tier subcontractor, a record of the business’s past performance for use by the small business in future proposals.

The proposed rules are here.

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CIO-SP4 Amendment 11 Removes a Small Business Requirement

A quick update on CIO-SP4. NITAAC has issued amendment number 11 to CIO-SP4. It moves the deadline to August 27, and takes out some confusing language about small business teams.

Specifically, it has removed the language saying: “The small business prime must demonstrate how they will comply with the LOS by including in their Small Business Teaming Agreement the specific level of effort and how each will ensure compliance with 52.219-14.”

That is now deleted.

That is the only change of note from Amendment 11. As it was a confusing provision and had been vexing many small business teams, it’s good that NITAAC took it out. But did they have to wait until the last possible moment?

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CIO-SP4 Amendment 10: More Changes and No Delay

Amendment 10 clarifies obligated dollar values, how to have subcontracted federal work counted, restrictions to contractor participation in task areas, evaluation of contractor program manager(s), establishing a static date from which to calculate the three-year look-back for corporate experience relevance, and evaluation of labor rates.

Needless to say, there is a lot of things packed into Amendment 10, and here’s the kicker, proposals are still due August 20th! With little time to digest, let alone alter, proposals in line with Amendment 10, NITAAC has left little room for offerors to catch up with the changes.

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Conflicting CIO-SP4 Updates For CTAs, And Now, A Promise to Clarify

We finally have NITAAC’s CIO-SP4 solicitation, complete with several amendments and a Q&A. So that means the anticipated offerors have the answers to all of their questions about this long-awaited GWAC procurement, right? Well, no. In fact, for anyone planning to team-up for CIO-SP4, there seems to be more confusion now than ever before.

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Congress Requires Large Primes to Provide Past Performance Reviews to Small Subcontractors–And Agencies to Consider Them

Breaking into the federal government contracting marketplace can be challenging, and many small businesses choose to start as subcontractors. But when those companies later bid on prime contracts, they sometimes find that they cannot get past performance reviews for their subcontract work, or that the government won’t consider such reviews.

Now, Congress has stepped in. A provision in the 2021 National Defense Authorization Act will require large prime contractors to provide small businesses with past performance reviews in certain cases, and will require agencies to consider them.

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SBA Clarifies How to Calculate Joint Venture Receipts for Small Business Size Purposes

In many industries, small business status under SBA’s government contracting rules depends on a company’s average annual receipts. But if a company is a member of a joint venture, it can be confusing figuring out which joint venture receipts count toward the company’s small business size.

Fortunately, in its recent new rule, SBA has provided two important clarifications. Let’s take a look.

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Room for Improvement: GAO Reviews Agency Oversight of Small Business Subcontracting Plans

Recently, GAO published a report on small business subcontracting plan compliance, concluding that agency oversight of these plans need improvement.

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