Opinion: DHS PACTS III going against a recent new SBA regulation – could impact protests

By Robert Turner, Federal Business Development, Capture & Proposal Consultant 

“U.S. Department of Homeland Security is going against a recent new SBA regulation in not evaluating past performance from tier-one small business subcontractors.

Draft RFP 2

4.3 Factor 1: Technical

4.3.1 Experience/Past Performance (Subfactor 1.1)

4.3.1.1 Qualifications

4.3.1.1 Project Relevancy

A project is REELVANT when –

(h) The project is not from a subcontractor or affiliate of the Prime Contractor.

This RFP requirement clearly contradicts the new SBA regulations that went into effect November 2020.

13 CFR 125.2(g) Capabilities, past performance, and experience. When an offer of a small business prime contractor includes a proposed team of small business subcontractors and specifically identifies the first-tier subcontractor(s) in the proposal, the head of the agency must consider the capabilities, past performance, and experience of each first tier subcontractor that is part of the team as the capabilities, past performance, and experience of the small business prime contractor if the capabilities, past performance, and experience of the small business prime does not independently demonstrate capabilities and past performance necessary for award.

I personally expect this requirement to change in the next version of the RFP and hopefully to be discussed at the upcoming October Industry Day.

If it doesn’t change soon, expect one or more small business firms to protest at GAO.”

Read the full analysis here.

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