Sec. 836. Past performance ratings of certain small business concerns

310 words·~1 min read·/bill/116/hr/6395/eh/section-836

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 15(e) of the Small Business Act ( 15 U.S.C. 644(e) ) is amended by adding at the end the following: With respect to evaluating an offer for a prime contract made by a small business concern that previously participated in a joint venture with another business concern (whether or not such other business concern was itself a small business concern), the Administrator shall establish regulations— requiring contracting officers to consider the record of past performance of the joint venture when evaluating the past performance of the small business concern; and requiring the small business concern to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture. .

Section 8(d)(17) of the Small Business Act ( 15 U.S.C. 637(d)(17) ) is amended to read as follows: Upon request by a small business concern that performed as a first tier subcontractor on a covered contract (as defined in paragraph 13(A)) that is submitting an offer for a solicitation, the prime contractor for such covered contract shall submit to the contracting agency issuing the solicitation or to such small business concern a record of past performance for such small business concern with respect to such covered contract.

A contracting officer shall consider the record of past performance of a small business concern provided under subparagraph

(A)when evaluating an offer for a prime contract made by such small business concern. . Not later than the end of the 120-day period beginning on the date of enactment of this Act, the Administrator of the Small Business Administration shall issue rules to carry out this section and the amendments made by this section. Not later than the end of the 120-day period beginning on the date that rules are issued under paragraph (1), the Federal Acquisition Regulation shall be revised to reflect such rules.

Connections2 off-index

2 references not yet in our index

15 USC 644(e)
15 USC 637(d)(17)

Citation graph

cites case law

Sec. 836

Past performance ratings of certain small business concerns

Cite15 USC 644(e)

Cite15 USC 637(d)(17)

Cites 2Cited by 0 across 0 sources