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DOD/DARC RIN: 0750-AK16 Publication ID: Fall 2020 
Title: Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018-D055) 

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 823 of the National Defense Authorization Act for Fiscal Year 2019, which establishes a requirement for use of the best available information regarding past performance of subcontractors and joint venture partners when awarding DoD construction and architect-engineer (A&E) contracts. Section 823 requires annual performance evaluations for first-tier subcontractors and individual partners of joint venture construction and A&E contracts valued at either $700,000 or more, or 20 percent of the value of the prime contract (whichever is higher), in accordance with specified conditions. In addition, processes for exceptions from the annual evaluation requirement will be established for construction and A&E contracts where submission of annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners under specified conditions. This rule will amend DFARS part 242 to incorporate these new requirements and processes.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 48 CFR 215    48 CFR 236    48 CFR 242    48 CFR 252   
Legal Authority: 41 U.S.C. 1303    Pub. L. 115-232, sec. 823   
Legal Deadline:
Action Source Description Date
Final  Statutory  180 days after enactment  02/09/2019 
Action Date FR Cite
NPRM  11/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer D. Johnson
Office of the Under Secretary of Defense for Acquisition and Sustainment
Department of Defense
Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B941, 3060 Pentagon,
Washington, DC 20301-3060
Phone:571 372-6100