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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E—Small Business Matters

P. L. 116-

House Conference Report   116-617

``(5) Past performance ratings of joint ventures for small business concerns.--With respect to evaluating an offer for a prime contract made by a small business concern that previously participated in a joint venture with another business concern (whether or not such other business concern was a small business concern), the Administrator shall establish regulations--

``(A) allowing the small business concern to elect to use the past performance of the joint venture if the small business concern has no relevant past performance of its own;

``(B) requiring the small business concern, when making an election under subparagraph (A)--

``(i) to identify to the contracting officer the joint venture of which the small business concern was a member; and

``(ii) to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture; and

``(C) requiring a contracting officer, if the small business concern makes an election under subparagraph (A), to consider the past performance of the joint venture when evaluating the past performance of the small business concern, giving due consideration to the information provided under subparagraph (B)(ii).''.

(b) Past Performance Ratings of First-tier Small Business Subcontractors.--Section 8(d)(17) of the Small Business Act (15 U.S.C. 637(d)(l7)) is amended to read as follows:

``(17) Past performance ratings for certain small business subcontractors.--Upon request by a small business concern that performed as a first tier subcontractor on a covered contract (as defined in paragraph (13)(A)), the prime contractor for such covered contract shall submit to such small business concern a record of past performance for such small business concern with respect to such covered contract. If a small business concern elects to use such record of past performance, a contracting officer shall consider such record of past performance when evaluating an offer for a prime contract made by such small business concern.''.

(c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules to carry out this section and the amendments made by this section.

The House bill contained a provision (sec. 836) that would amend the Small Business Act by requiring contracting officers to consider a small business concern's past performance in a joint venture or as a first-tier subcontractor when evaluating the small business concern's offer for a prime contract.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would allow the small business concern to elect for such past performance to be considered by a contracting officer, rather than requiring it.