H.R. 5297 — Defense Small Business Past Performance Consideration Act of 2023

This bill requires the Department of Defense (DOD) to amend a section of the DOD supplement to the Federal Acquisition Regulations concerning the evaluation of proposals for DOD contracts and a small business offeror's past performance. Under the revised regulation, DOD contracting officers evaluating a bid from a small business concern must (1) consider the past performance information of the concern's affiliates as the past performance of the concern, and (2) ensure that only the past performance information of such affiliates during the preceding nine-year period is considered as the past performance of the concern.