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FAR RIN: 9000-AO28 Publication ID: Fall 2023 
Title: Federal Acquisition Regulation (FAR); FAR Case 2021-011, Past Performance Ratings for Small Business Joint Venture Members and Small Business First-Tier Subcontractors 

This rule will permit small business offerors that served as first-tier subcontractors and joint venture members, in certain situations, to submit the past performance and experience gained under these arrangements with offers on Federal contracts.  Contracting officers will be required to consider the capabilities and past performance provided by first-tier subcontractors and joint venture members in certain situations. This rule promotes equity in Federal procurement. This rule is being issued in accordance with section 868 of the National Defense Authorization Act for Fiscal Year 2021, as implemented in the Small Business Administration (SBA) final rule published on July 22, 2022 titled "Past Performance Ratings for Small Business Joint Venture Members and Small Business First-Tier Subcontractors;” and section 15 of the Small Business Act, as implemented in the SBA final rule on October 16, 2020 titled "Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments.”

Agency: DOD/GSA/NASA (FAR)(FAR)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 15    48 CFR 19   
Legal Authority: 40 U.S.C. 121(c)    10 U.S.C. ch. 4    10 U.S.C. ch. 137 legacy provisions    10 U.S.C. 3016    51 U.S.C. 20113   
Legal Deadline:  None
Action Date FR Cite
NPRM Comment Period End  05/00/2024 
NPRM  07/00/2024 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Agency Contact:
Carrie Moore
Procurement Analyst
1800 F Street, NW,
Washington, DC 20405
Phone:571 300-5917