TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle F--Small Business Matters

P. L. 118-31

SEC. 865. CONSIDERATION OF THE PAST PERFORMANCE OF AFFILIATE COMPANIES OF SMALL BUSINESS CONCERNS.

Not later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Defense Federal Acquisition Supplement (or any successor regulation) to require that when small business concerns bid on Department of Defense contracts, the past performance evaluation and source selection processes shall consider, if relevant, the past performance information of affiliate companies of the small business concerns.

Sec. 865--Consideration of the past performance of affiliate companies of small businesses

The House bill contained a provision (sec. 884) that would require the Secretary of Defense to amend section 215.305 of the Department of Defense Supplement to the Federal Acquisition Regulation to require that, when evaluating a bid from a small business concern, the contracting officer shall consider the past performance information of affiliates of such concern as the past performance of such concern.

The Senate amendment contained a similar provision (sec. 843).

The House recedes.

H. Rept. 118-125

Note:  There is no Section 884 in the House bill. 

S. Rept. 118-58

Consideration of the past performance of affiliate companies of small businesses (sec. 843)

The committee recommends a provision that would require the Secretary of Defense to amend section 215.305 of the Defense Federal Acquisition Supplement (or any successor regulation) to require the consideration of past performance of an affiliate of small business concerns when a small business concern bids on a Department of Defense contract.