Defense Small Business Past Performance Consideration Act of 2023

Defense Small Business Past Performance Consideration Act of 2023
 
This bill requires the Department of Defense (DOD) to amend a section of the DOD supplement to the Federal Acquisition Regulations concerning the evaluation of proposals for DOD contracts and a small business offeror's past performance. Under the revised regulation, DOD contracting officers evaluating a bid from a small business concern must (1) consider the past performance information of the concern's affiliates as the past performance of the concern, and (2) ensure that only the past performance information of such affiliates during the preceding nine-year period is considered as the past performance of the concern.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5297 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5297

To require the Secretary of Defense to amend the Department of Defense 
      Supplement to the Federal Acquisition Regulation to include 
   consideration of past performance of affiliates of small business 
                   concerns, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 29, 2023

  Mr. Bacon introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Defense to amend the Department of Defense 
      Supplement to the Federal Acquisition Regulation to include 
   consideration of past performance of affiliates of small business 
                   concerns, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Small Business Past 
Performance Consideration Act of 2023''.

SEC. 2. CONSIDERATION OF PAST PERFORMANCE OF AFFILIATES OF SMALL 
              BUSINESS CONCERNS.

     Not later than July 1, 2024, the Secretary of Defense shall amend 
section 215.305 of the Department of Defense Supplement to the Federal 
Acquisition Regulation (or any successor regulation) to--
            (1) require that when evaluating a bid from a small 
        business concern (as defined under section 3 of the Small 
        Business Act (15 U.S.C. 632)) for a Department of Defense 
        contract, the contracting officer for such contract shall 
        consider the past performance information of affiliates of such 
        concern as the past performance of such concern; and
            (2) ensure that only past performance information of such 
        affiliates during the nine-year period preceding the date on 
        which such concern submitted a bid described in paragraph (1) 
        is considered as past performance of such concern.
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