Washington, D.C, – The Native American Contractors Association commends Congress and the Biden Administration for the passage of Sec. 865 - Consideration of the Past Performance of Affiliate Companies Of Small Business Concerns in the Fiscal Year 2024 National Defense Authorization Act. This section resolves longstanding sister subsidiary past performance issues that Native Contractors have encountered in the bidding process for Department of Defense contracts.   

Specifically, NACA thanks bill sponsors Senator Sullivan (R-AK) and Congressman Bacon (R-NE-2), and cosponsors, Senators Hirono (D-HI), Murkowski (R-AK), Representatives Tokuda (D-HI-2), Wittman (R-VA-1), and Peltola (D-AK), and House Committee on Rules Chairman Cole (R-OK-4), for their dedication and effort to advance this priority into law supporting economic development in Native communities.  

The Federal Acquisitions Regulations (FAR) require the government to establish policies and responsibilities for recording and maintaining contractors' past performance information. This information is updated annually as they review and award contracts. Prior to the passage of Sec. 865, FAR recommended but did not require consideration of past performance of affiliate companies, addressing this issue has been a NACA priority. This change clarifies that contracting officers shall consider all relevant past performance for Native entity owned businesses and their subsidiaries.   

H.R. 2670 – The National Defense Authorization Act for Fiscal Year 2024 was signed into law by President Biden on December 22, 2023, Sec. 865 is scheduled to take effect no later than July 1, 2024. 

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. 

FOR MORE INFORMATION:

Please call or write if you have any questions or require additional information. 

Quinton Carroll, Executive Director

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or

Lillian Sparks Robinson, Senior Advisor

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