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KOWil77

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  1. Are you allowed to use past performance citations from a JV you are no longer a part of for a proposal? Would you be allowed to cite the past performance at the JV level or would you only be allowed to utilize the past performance your company performed as part of the JV? I cannot find any specific guidance or ruling. Section 868 of National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021, Public Law 116-283, addressed a common obstacle that small businesses may face when competing for prime Federal Government contracts: possessing qualifying past performance. However, section 15(e)(5) required SBA to establish regulations to allow the small business to elect to use the joint venture's past performance IF the small business has no relevant past performance of its own. Which that is not the case in this situation. Thank you for any information/guidance you can provide.
  2. The follow-on contract ended in 2018 and we have had the GFP ever since. Essentially the government is tracking (if at all) the GFP is on the original contract with the large prime. There is no official contract where this GFP is placed. Is there a clause or ruling that allows of disposal of GFP after a certain time is reached?
  3. We are currently encountering an interesting situation regarding GFP and disposition. We are unsure how to approach this. Quick back story: We were a subcontractor to a large prime from 2010 - 2015 and issued GFP from the prime (Laptops, Monitors, similar items, etc.). Once the contract ended, we were instructed by the government to pick up the items for the follow-on contract. Once the items were picked up and stored at our facility, we received a mod from the large prime a couple months later stating the GFP was no longer a part of our subcontract with them and was to be incorporated to the follow-on (I know they had no authority to do this). Ultimately, the GFP was never DD250'ed back to the government from the original effort and never officially incorporated as GFP to the follow-on. The GFP is essentially out in limbo not assigned to a contract. You can make the case the GFP is still officially tied to the originally contract with the large prime, but we have reached out multiple times and they have wiped their hands clean of it. The government has also not provided any help and wants nothing to do with this GFP. All of the GFP has not been used for 8+years and has been sitting in our warehouse. We are at the point of wanting to dispose of it and have tried all avenues with the government with no success. Is there something we can do or some sort of guidance we can follow to dispose of these items? I appreciate any and all feedback. If you need any further information, please let me know.
  4. Good morning, I am looking for a way to stay on top of all of the new/changing regulations. Our former lawyer used to subscribe to a bunch of blogs and receive notices as changes were going to occur, but did not share their resources with us before departing the company. What is the best method to stay on top of Laws and regulations? I appreciate any guidance provided. Thank you!

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