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

  SA 939. 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 the waiver 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) Special consideration to provide interim access to 
     classified information for department of defense contractors 
     without security clearances.--Notwithstanding section 801 of 
     the National Security Act of 1947 (50 U.S.C. 3161) and the 
     procedures established pursuant to such section, the 
     Secretary of Defense may issue a waiver providing a covered 
     small business that has not been determined eligible to 
     access classified information pursuant to such procedures 
     interim access to classified information under such terms and 
     conditions as the Secretary considers appropriate.
       (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 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.
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