A bill to increase competition in Defense contracting, and for other purposes. | ChamberLight
Bills · S 3541
IN COMMITTEE· 119TH CONGRESS
Senate BillS 3541Armed Forces and National Security
A bill to increase competition in Defense contracting, and for other purposes.
INTRO DEC 17· LAST ACTION DEC 17
READING
4MIN
COSPONSORS
0
READER REACTIONS0 TOTAL
NO VOTES YET · BE THE FIRST
Introduced only
LEGISLATIVE PROGRESS
STEP 2 / 8
Introduced
In Committee
Reported
Passed Senate
Passed House
Conference
To President
Became Law
WHAT THE BILL DOES
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This bill matters because it seeks to change how the Department of Defense chooses its contractors, potentially leading to more innovation and better value for taxpayers. Currently, many smaller or newer companies find it difficult to secure defense contracts because existing rules often favor established contractors with specific government experience. If this bill becomes law, the DOD would have to consider a wider range of a company's past work, including commercial projects, and simplify its bidding process. This could open the door for cutting-edge companies that haven't traditionally worked with the military, bringing new technologies and potentially lowering costs through increased competition.
Without this bill, the current system might continue to limit the pool of eligible contractors, potentially hindering the military's access to the best available technology and services at competitive prices. By making it easier for new and smaller businesses to compete, the bill aims to ensure the DOD gets the highest quality goods and services, and that taxpayer dollars are spent more efficiently.
KEY PROVISIONS
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PROVISION 01
The Department of Defense must create new rules on accepting a wider range of a company's past work, including non-government projects, when awarding contracts, especially for unique projects.
This could allow more diverse companies, particularly those without prior defense experience, to compete for military contracts.
PROVISION 02
The bill requires the Department of Defense to establish ways to check the authenticity of non-government past performance references.
This ensures that while new types of past experience are considered, the quality and reliability of those references can still be verified.
PROVISION 03
The Department of Defense must consider using alternative evaluation methods like technology demonstrations or testing for projects without much precedent.
This offers new ways to assess a company's capabilities beyond just past experience, fostering innovation for new or complex needs.
PROVISION 04
The Secretary of Defense must convene a council to identify and remove unnecessary procedural barriers that prevent small businesses and nontraditional contractors from competing for contracts.
This aims to level the playing field, making it easier for smaller and newer companies to work with the DOD, potentially boosting competition and bringing in fresh ideas.
PROVISION 05
The Secretary of Defense must prioritize contracting policies that emphasize cost-efficiency and the quality of goods and services when awarding procurement contracts.
This ensures that the decision-making process for contracts focuses on getting the best value and performance for the military.
This bill matters because it seeks to change how the Department of Defense chooses its contractors, potentially leading to more innovation and better value for taxpayers. Currently, many smaller or newer companies find it difficult to secure defense contracts because existing rules often favor established contractors with specific government experience. If this bill becomes law, the DOD would have to consider a wider range of a company's past work, including commercial projects, and simplify its bidding process. This could open the door for cutting-edge companies that haven't traditionally worked with the military, bringing new technologies and potentially lowering costs through increased competition.
Without this bill, the current system might continue to limit the pool of eligible contractors, potentially hindering the military's access to the best available technology and services at competitive prices. By making it easier for new and smaller businesses to compete, the bill aims to ensure the DOD gets the highest quality goods and services, and that taxpayer dollars are spent more efficiently.
KEY PROVISIONS
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high
The Department of Defense must create new rules on accepting a wider range of a company's past work, including non-government projects, when awarding contracts, especially for unique projects.
This could allow more diverse companies, particularly those without prior defense experience, to compete for military contracts.
med
The bill requires the Department of Defense to establish ways to check the authenticity of non-government past performance references.
This ensures that while new types of past experience are considered, the quality and reliability of those references can still be verified.
med
The Department of Defense must consider using alternative evaluation methods like technology demonstrations or testing for projects without much precedent.
This offers new ways to assess a company's capabilities beyond just past experience, fostering innovation for new or complex needs.
high
The Secretary of Defense must convene a council to identify and remove unnecessary procedural barriers that prevent small businesses and nontraditional contractors from competing for contracts.
This aims to level the playing field, making it easier for smaller and newer companies to work with the DOD, potentially boosting competition and bringing in fresh ideas.
med
The Secretary of Defense must prioritize contracting policies that emphasize cost-efficiency and the quality of goods and services when awarding procurement contracts.
This ensures that the decision-making process for contracts focuses on getting the best value and performance for the military.
Secretary of Defense to issue guidance on uses of past performance and alternative evaluation methods.
Not later than 90 days after enactment
Secretary of Defense to convene the Defense Acquisition Regulations Council to make recommendations.
Not later than 2 years after enactment
Secretary of Defense to implement regulatory and other non-legislative actions identified by the Council.
Not later than 2 years after enactment
Secretary of Defense to provide a briefing to Congress on legislative actions identified and non-legislative actions implemented.
GLOSSARY
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Defense contracting
The process by which the Department of Defense buys goods and services from private companies.
Past performance
A company's track record on previous projects, used by the government to evaluate their ability to complete a new contract.
Nontraditional defense contractors
Companies that typically do not do business with the Department of Defense, or have not done so for at least a year, but might offer innovative solutions.
Small business concern
A business that meets specific size standards (e.g., number of employees or revenue) established by the Small Business Administration to qualify for certain federal programs and contracts.
Defense Acquisition Regulations Council
A group within the Department of Defense that creates and maintains the rules and procedures for how the DOD buys its goods and services.
APEX Accelerators program
A program (formerly known as Procurement Technical Assistance Centers or PTACs) that provides free and low-cost assistance to businesses looking to sell products and services to the government.
Procurement
ACTION TIMELINE
2 EVENTS
DEC 17, 25
Introduced in Senate
INTROREFERRAL
DEC 17, 25
Read twice and referred to the Committee on Armed Services.
The process of obtaining goods or services, typically through a competitive bidding process; in this context, how the Department of Defense buys things.
