Defense Small Business Past Performance Consideration Act of 2023
The proposed changes would impact the evaluation process for small business concerns seeking federal contracts, allowing their affiliates' previous performances to be considered alongside their own. This is expected to enhance the competitive edge of small businesses, particularly those that may not have as extensive a history of performance on contracts but are part of a larger network of skilled affiliates. The bill sets a timeline, requiring these amendments to be in place by July 1, 2024, thereby establishing a clear expectation for the Department of Defense.
House Bill 5297, also known as the Defense Small Business Past Performance Consideration Act of 2023, aims to amend the Department of Defense Supplement to the Federal Acquisition Regulation. The primary intent of the bill is to require contracting officers to consider the past performance of affiliates of small business concerns when evaluating bids for Department of Defense contracts. This is significant as it affects how small businesses that are subcontractors can leverage their affiliates' past performance in the bidding process for federal contracts.
While proponents argue that this bill promotes fairness and provides small businesses with more opportunity to compete effectively for government contracts, there may be concerns regarding the definition of 'affiliates' and the transparency of performance evaluations. Critics might caution that allowing affiliates' performances to count could complicate the assessment process and potentially lead to favoritism or an undermining of rigorous vetting standards intended to ensure quality contractor performance.