Taking Credit for Subcontractor Past Performance

Takeaways

  • Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules.
  • Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider significant subcontractors’ past performance references, while an agency conducting a Part 8 procurement has discretion to disregard such references.
  • Offerors may wish to seek clarification if a solicitation is not clear regarding whether the agency will evaluate subcontractor past-performance references.

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