New Small Business Regulation: Reliance on Past Performance Gained as a Subcontractor or Joint Venture Member

The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go into effect on August 22, 2022, is a welcome implementation of requirements of the National Defense Authorization Act for Fiscal Year 2021 (2021 NDAA). The new rule should make it simpler for small businesses to get past performance credit for relevant work they performed as part of any joint venture or as first-tier subcontractors under certain contracts. 

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