JV Past Performance

[KOWil77]

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.

[C Culham]

21 hours ago, KOWil77 said:

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?

With regard to your citation of regulations regarding JV's I believe those regulations deal with evaluating a JV, and the parties to that JV, that is an offeror on a solicitation.  As I read your question yours is a different situation where you, now as individual contractor, want to utilize past performance information when you were once part of a JV. 

If I am reading correctly my view is if the solicitation is silent on what may or may not constitute acceptable citations of past performance I as the offeror would provide the past performance evaluation citations that best represented a direct connection to the future work being proposed on and then leave to the agency evaluation to determine if relevent. 

[formerfed]

39 minutes ago, C Culham said:

If I am reading correctly my view is if the solicitation is silent on what may or may not constitute acceptable citations of past performance I as the offeror would provide the past performance evaluation citations that best represented a direct connection to the future work being proposed on and then leave to the agency evaluation to determine if relevent. 

That’s exactly what I would do as well.  @KOWil77 it’s really not a question of what you’ll allowed to do or not.  Rather it’s what the agency will consider.  So my suggestion is submit it stressing the portion of the work your company was involved in.

[REA'n Maker]

Absent any specific prohibitions in the RFP, past performance as a JV member is often treated much like past performance as a sub.  Just make sure the relationship hierarchy is clearly explained and that it's clear what part of the work you did.