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Defense Contracts: Small Businesses Can Use Affiliates' Past Performance.

This Act mandates the Department of Defense (DoD) to consider the past performance of affiliated companies when evaluating bids from small businesses for defense contracts. This change aims to level the playing field, allowing small businesses to qualify for contracts even if they lack a long track record, provided their affiliates have relevant experience. This measure supports economic growth by increasing opportunities for smaller enterprises in the public procurement market.
Key points
The Secretary of Defense must amend the Federal Acquisition Regulation Supplement by July 1, 2024.
Contracting officers must consider the past performance of a small business concern's affiliates as the concern's own past performance.
Only past performance information from affiliates within the preceding nine-year period will be considered.
The change boosts small businesses' competitiveness in securing lucrative Department of Defense contracts.
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Additional Information
Print number: 118_HR_5297
Sponsor: Rep. Bacon, Don [R-NE-2]
Process start date: 2023-08-29
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OFFICIAL LEGAL TITLE

Defense Small Business Past Performance Consideration Act of 2023

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 118_HR_5297.

Which chamber initiated this legislation?

This legislation was initiated in the House of Representatives.

When did the legislative process begin?

The process officially started on 2023-08-29.

What are the main provisions?

Key points include:

  • The Secretary of Defense must amend the Federal Acquisition Regulation Supplement by July 1, 2024.
  • Contracting officers must consider the past performance of a small business concern's affiliates as the concern's own past performance.
  • Only past performance information from affiliates within the preceding nine-year period will be considered.
  • The change boosts small businesses' competitiveness in securing lucrative Department of Defense contracts.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Rep. Bacon, Don [R-NE-2].

What is the latest detailed status?

The latest detailed status is: Referred to the House Committee on Armed Services.

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-30.

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