Defense Small Business Past Performance Consideration Act of 2023

Bill: 118-hr-5297
Sponsor: full_name: Rep. Bacon, Don [R-NE-2]
Introduced: 2023-08-29
Policy area: Armed Forces and National Security
Latest action: action_date: 2023-08-29
text: Referred to the House Committee on Armed Services.

Summaries:
action_date: 2023-08-29
action_desc: Introduced in House
text: <p><strong>Defense Small Business Past Performance Consideration Act of 2023</strong><br/>&nbsp;<br/>This bill requires the Department of Defense (DOD) to amend a section of the DOD supplement to&nbsp;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.</p><!--tinycomments|2.1|data:application/json;base64,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-->

tv_txt: I 118th CONGRESS 1st Session H. R. 5297 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.

1. Short title This Act may be cited as the Defense Small Business Past Performance Consideration Act of 2023 . 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.