I
118THCONGRESS
1
STSESSION H. R. 5297
To require the Secretary of Defense to amend the Department of Defense
Supplement to the Federal Acquisition Regulation to include consider-
ation of past performance of affiliates of small business concerns, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST29, 2023
Mr. B
ACONintroduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To require the Secretary of Defense to amend the Depart-
ment 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Defense Small Busi-4
ness Past Performance Consideration Act of 2023’’. 5
VerDate Sep 11 2014 00:18 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5297.IH H5297
kjohnson on DSK79L0C42PROD with BILLS 2
•HR 5297 IH
SEC. 2. CONSIDERATION OF PAST PERFORMANCE OF AF-1
FILIATES OF SMALL BUSINESS CONCERNS. 2
Not later than July 1, 2024, the Secretary of Defense 3
shall amend section 215.305 of the Department of De-4
fense Supplement to the Federal Acquisition Regulation 5
(or any successor regulation) to— 6
(1) require that when evaluating a bid from a 7
small business concern (as defined under section 3 8
of the Small Business Act (15 U.S.C. 632)) for a 9
Department of Defense contract, the contracting of-10
ficer for such contract shall consider the past per-11
formance information of affiliates of such concern as 12
the past performance of such concern; and 13
(2) ensure that only past performance informa-14
tion of such affiliates during the nine-year period 15
preceding the date on which such concern submitted 16
a bid described in paragraph (1) is considered as 17
past performance of such concern. 18
Æ
VerDate Sep 11 2014 00:18 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H5297.IH H5297
kjohnson on DSK79L0C42PROD with BILLS