DoD Proposes Rule on Evaluation of Joint Venture Past Performance for Construction and A&E Services Contracts

Crowell & Moring – On May 20, 2021, the Department of Defense published a proposed rule to implement section 823 of the National Defense Authorization Act for Fiscal Year 2019, regarding inclusion of best available information regarding the past performance of first-tier subcontractors and of individual partners on construction and architect-engineer (A&E) contracts.  The proposed rule would add one new solicitation provision and two new contract clauses.