[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Pages S3396-S3397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 937. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VIII, add the following:

     SEC. 849. COMPETITION OF SMALL BUSINESS CONCERNS FOR 
                   DEPARTMENT OF DEFENSE CONTRACTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue guidance ensuring that covered small businesses are 
     better able to compete for Department of Defense contracts.
       (b) Exemptions From Capability Requirements.--
       (1) Waiver authority.--The guidance issued under subsection 
     (a) shall provide that the Department of Defense may waive 
     capability requirements, including those described in 
     paragraph (2), to allow a covered small business that does 
     not otherwise meet such requirements to bid on a contract, 
     provided that it makes the certification described under 
     paragraph (3).
       (2) Types of waivers.--The waivers referred to in paragraph 
     (1) are as follows:
       (A) Evaluation of past performance.--A waiver to ensure 
     that the lack of prior performance history of a covered small 
     business does not adversely affect its opportunity to receive 
     a contract award.
       (B) Training requirements.--A waiver allowing a covered 
     small business to meet employee training requirements after 
     the award of a Department of Defense contract.
       (C) Facility security assessments.--A waiver allowing a 
     covered small business to meet facility security requirements 
     after the award of a Department of Defense contract.
       (D) Other.--Any other waiver determined appropriate by the 
     Secretary of Defense and provided for in the guidance issued 
     under subsection (a).
       (3) Certification requirement.--In order to qualify for a 
     waiver under paragraph (1), a covered small business shall 
     certify that it will be able to meet the exempted capability 
     requirements within 180 days after the contract award date. 
     The certification shall include a detailed project and 
     financial plan outlining the tasks to be completed, 
     milestones to be achieved, and resources required.
       (4) Monitoring and compliance.--
       (A) In general.--The contracting officer for a contract 
     awarded pursuant to a waiver under paragraph (1) shall 
     closely monitor the

[[Page S3397]]

     contract performance of the covered small business to ensure 
     that sufficient progress is being made and that any issues 
     that arise are promptly addressed.
       (B) Failure to meet capability requirements.--If a covered 
     small business awarded a contract pursuant to a waiver under 
     paragraph (1) fails to meet the requirements promised in the 
     certification required under paragraph (3) within 180 days, 
     the covered small business shall be subject to 
     disqualification from consideration for future contracts of 
     similar scope pursuant to ``Termination for Default'' 
     provisions under subpart 49.4 of the Federal Acquisition 
     Regulation.
       (c) Covered Small Business Defined.--In this section, the 
     term ``covered small business'' means--
       (1) a nontraditional defense contractor, as that term is 
     defined in section 3014 of title 10, United States Code;
       (2) a small business concern, as that term is defined in 
     section 3(a) of the Small Business Act (15 U.S.C. 632(a)); 
     and
       (3) any other contractor that has not been awarded a 
     Department of Defense contract in the five-year period 
     preceding the solicitation of sources by the Department of 
     Defense.
                                 ______