Sec. 5841. Competition of small business concerns for Department of Defense contracts
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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. 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). 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. 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. 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. 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. In this section, the term covered small business means— a nontraditional defense contractor, as that term is defined in section 3014 of title 10, United States Code; 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 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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Sec. 5841
Competition of small business concerns for Department of Defense contracts
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