[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17583-17584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08330]


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SMALL BUSINESS ADMINISTRATION


Information Collection; Subcontractor Past Performance Pilot 
Program

AGENCY: Small Business Administration.

ACTION: 60-Day notice and request for comments.

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SUMMARY: The Small Business Administration (SBA) intends to request 
approval for the collection of information described below from the 
Office of Management and Budget (OMB). The Paperwork Reduction Act 
(PRA) of 1995, requires federal agencies to publish a notice in the 
Federal Register concerning each proposed collection of information 
before submission to OMB, and to allow 60 days for public comment in 
response to the notice. This notice complies with that requirement.

DATES: Submit comments on or before: June 19, 2018.

ADDRESSES: Send all comments or request for a copy of the proposed 
forms to Donna Fudge, Office of Government Contracting and Business 
Development, 409 3rd Street SW, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Donna Fudge, Procurement Analyst, 202-
205-6363, [email protected], or Curtis B. Rich, Management Analyst, 
202-205-7030, [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    The National Defense Authorization Act for Fiscal year 2017 (Pub. 
L. 114-328), Section 1822, added paragraph 8(d)(17) to the Small 
Business Act, 15 U.S.C. 637(d)(17), to provide that SBA shall implement 
a pilot program to establish past performance ratings for small 
business subcontractors. Under this program, a small business concern 
without a past performance rating as a prime contractor in the Past 
Performance Information Retrieval System (PPIRS) may request a past 
performance rating in the Contractor Performance Assessment Reporting 
System (CPARS), if the small business is a first tier subcontractor 
under a covered Federal Government contract requiring a subcontracting 
plan in accordance with FAR 19.702(a). Ratings of subcontractor 
performance can be requested on subcontracts that exceed the simplified 
acquisition threshold, or subcontracts for architecture-engineering 
services valued at $35,000 or more as provided in FAR 42.1502.
    Past performance information is one indicator of an offeror's 
ability to successfully perform the contract and is often considered by 
agencies when making contract awards. Allowing small business concerns 
performing as first tier subcontractors to voluntarily request a past 
performance evaluation, in the same system used by the Federal 
Government to monitor or record contractor past performance for prime 
contract awards, provides an enhanced opportunity for more small 
businesses to fairly compete for Federal Government contracting 
opportunities.

B. Summary of Pilot and Information to be Collected

    (1) Application--In order to obtain a past performance rating, the 
small business concern will submit a request using SBA Form 2465. The 
information to be provided includes, but is not limited to, 
Subcontractor name and DUNS + 4 Number; subcontract number; completion 
date; total dollar value, and suggested rating for each factor. The 
small business concern will complete the applicable portion of the form 
and submit it, electronically, along with written evidence of the past 
performance factors to the appropriate official to the [email protected] 
mailbox within 270 calendar days after completing the work for which a 
past performance rating is sought or within 180 calendar days after the 
prime contractor completes work on the contract, whichever is earlier.
    (2) Determination--The appropriate official shall submit the small 
business concern's application electronically to the requiring agency's 
Office of Small Business Utilization (OSDBU) and the prime contractor 
for the covered contract for review. The Prime Contractor and OSDBU 
shall, within 30 calendar days after receipt of the application, 
electronically submit to the appropriate official a response regarding 
the application.
    (3) Agreement on Rating--If the OSDBU and the prime contractor 
agree on a past performance rating, or if either the OSDBU or prime 
contractor fail to respond and the responding person agrees with the 
rating of the applicant small business concern, the appropriate 
official shall enter the agreed-upon past performance rating in CPARS.

[[Page 17584]]

    (4) Disagreement on Rating--If the OSDBU and the prime contractor 
fail to respond within 30 calendar days or if they disagree about the 
rating, or if either the OSDBU or prime contractor fail to respond and 
the responding person disagrees with the applicant small business 
concern's suggested rating, the OSDBU or the prime contractor shall 
submit a notice contesting the application to the appropriate official.
    (5) Procedure for Rating--The appropriate official, within 14 
calendar days after receipt of a notice contesting the applicant small 
business concern suggested ratings, shall submit the notice to the 
applicant small business concern. The concern may submit comments, 
rebuttals, or additional information relating to its past performance 
within 14 calendar days after receipt of the notice. The appropriate 
official shall enter a rating in CPARS that is neither favorable nor 
unfavorable, together with the concern's initial application, OSDBU and 
prime contractor responses, and any additional information provided by 
the applicant concern. A copy of the information submitted shall be 
provided to the contracting officer (or designee of such officer) for 
the covered contract.
    (6) Use of Information--A small business subcontractor may use a 
past performance rating in CPARS to establish its past performance for 
a potential prime contract award.
    (7) Duration--The subcontractor past performance pilot program 
shall terminate three (3) years after the date on which the first 
applicant small business concern receives a past performance rating for 
performance as a first-tier subcontractor.

C. Title of Collection, Description of Respondents and Estimated 
Burdens

    Title: Subcontractor Past Performance Pilot Program.
    OMB Control Number: [New Collection].
    Form Number: SBA Form 2465.
    (1) Description of Respondents: First Tier Subcontractors on 
covered federal contracts that are eligible to request a Past 
Performance Rating to be entered in CPARS.
    Estimated Number of Respondents: 2520.
    Frequency of Responses per Respondent: Once per year.
    Total Estimated Annual Responses: 2520.
    Estimated Burden Hours per Response: 1.
    Total Estimated Burden Hours: 2520.
    (2.) Description of Respondents: Prime contractors responding to 
appropriate official's request to complete rating of subcontractor's 
past performance.
    Estimated Number of Respondents: 840.
    Frequency of Responses per Respondent: Once per year.
    Total Estimated Annual Responses: 2520.
    Estimated Burden Hours per Response: .5.
    Total Estimated Burden Hours: 1260.

D. Solicitation of Public Comments

    SBA is requesting comments on this proposed collection of 
information, including: (1) Whether there are ways to enhance the 
quality, utility, and clarity of the information; (2) whether the 
burden estimates are accurate and based on valid assumptions and 
methodology; and (3) whether there are ways to minimize the burden of 
the collection of information on those who are to respond, including 
through the use of automated techniques or other forms of information 
technology.

Curtis Rich,
Management Analyst.
[FR Doc. 2018-08330 Filed 4-19-18; 8:45 am]
 BILLING CODE 8025-01-P