If you have ever felt stuck in the classic government contracting catch-22, you are not alone:
“We need DoD past performance to win DoD work… but we need to win DoD work to get DoD past performance.”
For years, that dynamic has been one of the biggest barriers to entry for small businesses and nontraditional defense contractors. It quietly tilts evaluations toward incumbents, even when a smaller firm has the right expertise, the right team, and a track record of delivering similar outcomes in the commercial world.
Congress just took a direct swing at that problem.
In the 2026 National Defense Authorization Act (S.1071, 119th Congress), lawmakers included a set of past performance changes that push the Department of Defense to broaden what “counts” and how it can be evaluated. The goal is straightforward: increase competition and reduce barriers that disproportionately hit small businesses.
The timeline matters, too. The NDAA was enacted on December 18, 2025, and DoD must issue the required guidance no later than December 18, 2026. In other words, by mid-December 2026, contracting teams across DoD should have clearer direction to open the door wider for companies that have proven performance, even if that performance happened outside the federal bubble.
Let’s break down what changed, why it matters, and how you can position your business to benefit.
Why Past Performance Has Been Such a Big Deal (and Such a Big Headache)
Past performance is one of the government’s main tools for reducing risk. It answers basic questions a contracting officer needs to justify an award:
Have you done something like this before?
Did you deliver on time and within scope?
Were you responsive, professional, and easy to work with?
Did you manage quality, staffing, and compliance effectively?
In federal contracting, this is often captured in CPARS (Contractor Performance Assessment Reporting System) for certain contract types and thresholds. But CPARS is, by definition, government work. If you are newer to federal contracting, you may have limited CPARS history even if you have years of successful delivery in the commercial sector.
That gap has been one of the most frustrating “hidden walls” for small businesses: you can be fully capable, but evaluations may not reflect it if the scoring model strongly favors prior federal or DoD references.
What Congress Mandated in the FY 2026 NDAA
The key change appears in Section 824, titled “Increasing Competition in Defense Contracting.” The past performance piece is in subsection (a), “Uses of Past Performance.”
Here is what Congress directed DoD to do.
1) Accept a Wider Range of Past Performance, Including Commercial and Non-Government Projects
DoD must issue guidance on when it should accept past performance from a broader range of projects, specifically including commercial or non-government projects as relevant past performance for awarding contracts or other agreements.
That is a major signal. It does not eliminate past performance. It does not guarantee that every solicitation will treat commercial work the same as federal work. But it does require DoD to give its acquisition workforce practical guidance on when and how to treat commercial success as valid evidence of capability.
This is particularly important for:
Companies entering DoD for the first time
High-growth firms with strong commercial delivery history
Emerging tech providers working in fast-moving areas where government precedent is limited
Small businesses that have performed similar work for regulated industries (healthcare, finance, energy) but not for DoD specifically
2) Create a Clear Way to Validate Non-Government References
DoD must also issue guidance on how it can validate commercial and non-government past performance references. The NDAA points to practical validation methods such as:
Requiring an official from the referencing organization to attest to authenticity
Requiring verifiable contact information for references
This matters because one reason agencies lean on CPARS is that it is standardized and internal. Commercial references can feel “messier” to validate. Congress is telling DoD to standardize the validation so contracting teams can rely on it confidently.
For contractors, the implication is simple: your commercial references may be more usable than ever, but you will need them packaged in a way that is easy to verify.
3) Use Alternative Evaluation Methods When Past Performance Is Not the Best Fit
The NDAA also directs DoD to provide guidance on using alternative evaluation methods, other than past performance, when the requirement has little precedent. The text calls out options like:
Demonstrations
Testing of technologies as part of the proposal process
This is one of the most exciting opportunities for small businesses, especially those offering innovative solutions or specialized capabilities. If you can demonstrate capability in a controlled, objective way, you reduce the advantage incumbents get from being “known.”
One Important Clarifier: This Guidance “Supplements, Not Supplants”
Congress explicitly states that the new guidance should supplement existing DoD policy and procedures for past performance and evaluation factors. Translation: this is not a total overhaul of the evaluation world overnight. It is an expansion and modernization designed to increase competition without abandoning risk management.
What These Changes Mean for Small Businesses in Practical Terms
Here is the big shift: your story is no longer limited to your federal history.
If you have real performance in the commercial market, especially with measurable results, you can position that work as relevant in a way DoD is being directed to accept more often.
Benefit #1: The “No Federal Past Performance” Problem Gets Softer
You may still be asked for federal past performance in certain procurements. But the door is opening wider for solicitations where commercial work can be deemed relevant, especially when:
The requirement is new or evolving
The market is more commercialized (IT, cyber, SaaS, cloud, AI)
The government wants more competition
DoD wants capability quickly and needs alternatives to incumbents
Benefit #2: Commercial Credibility Can Start Carrying Real Weight
If you have delivered for demanding commercial customers, think hospitals, banks, utilities, national retailers, major manufacturers, that performance often demonstrates the same things DoD cares about: reliability, responsiveness, security, quality management, and scalability.
The key is presenting it in a “government-readable” way:
Quality controls and customer satisfaction indicators
Proof points that map directly to the solicitation
Benefit #3: Innovative Companies Can Compete on Proof, Not Legacy
Alternative evaluation methods like demos and testing can be a game-changer for:
Cybersecurity providers
Data analytics and AI solution firms
Advanced manufacturing companies
Drone/robotics or sensor technology vendors
Specialized logistics or supply chain solutions
Instead of fighting an uphill battle against incumbents with deeper CPARS history, you may see more opportunities where the government says, in effect: “Show us what it can do.”
Concrete Examples of How This Could Play Out
Example 1: Cybersecurity Firm Moving from Commercial to DoD
A small cybersecurity firm has protected healthcare networks for five years and reduced ransomware incidents dramatically for multiple clients. Historically, they struggle because they lack DoD CPARS.
Under these NDAA-driven changes, DoD guidance could allow those commercial engagements to count as relevant past performance, provided the references are verifiable and properly documented.
Example 2: Manufacturing Company with No Federal Prime Awards
A small manufacturer has delivered high-tolerance components to aerospace and industrial customers, meeting strict QC and delivery requirements. A DoD solicitation for similar components could recognize that commercial delivery as relevant, even if the company has never been a prime on a federal contract.
Example 3: Emerging Tech with Few Comparable Federal References
A software company offers a newer capability, for example automated anomaly detection, that does not have a long history of federal use. Instead of defaulting to “who has done this before for DoD,” a procurement could lean into demonstrations and objective testing as part of proposal evaluation.
What You Should Do Now to Prepare (So You Are Ready When the Door Opens Wider)
These changes create opportunity, but only if you can support your claims with clean documentation. Here is a practical checklist you can start on now.
1) Build a “Commercial Past Performance Library”
Pick 3 to 6 projects that best demonstrate:
Similar scope and complexity
Similar customer environment (regulated, high security, time-sensitive)
Outcomes you can quantify
Create one-page summaries for each:
Customer name (or allowable anonymized identifier if required)
Period of performance
Dollar value or scale indicators
Key tasks performed
Measurable results
Customer point of contact information (with permission)
2) Prepare References for Verification
Because DoD is being directed to validate non-government references, make it easy:
Confirm who can speak on behalf of the customer
Confirm email and phone
Ask the customer contact if they can provide a simple written attestation if requested
Make sure the reference understands they may be contacted
3) Translate Commercial Work into Government Language
This is where many capable firms miss the mark. It is not enough to say, “We did great work.”
You want your write-up to sound like it belongs in an evaluation:
What was the requirement?
What was the challenge?
What approach did you use?
What controls and processes ensured quality?
What was delivered, and what changed as a result?
4) Get Ready for Demonstrations
If you sell a solution that can be demonstrated:
Create a repeatable demo environment
Document what you can prove objectively
Prepare short use-case scripts aligned to likely DoD needs
Make sure your team can execute the demo under time constraints
5) Stay Active, Not Passive
This is the moment to stay engaged:
Watch for solicitations that emphasize innovation, prototypes, or commercial solutions
Pursue teaming and subcontracting that can build federal performance while you leverage commercial credibility
Keep your capability statement and SAM/SBS aligned to the exact outcomes you can prove
Why This Is a Great Time to Stay in the Game
The most important takeaway is the intent behind the law: Congress is pushing DoD to increase competition and reduce the “incumbent-only” gravity that has held back small and nontraditional firms.
That does not mean it will become easy overnight. But it does mean the acquisition system is being nudged toward something small businesses have argued for a long time: if you can prove capability, you should have a real shot, even if your proof comes from outside the federal marketplace.
If you have been discouraged, this is a strong reason to re-engage, refine your positioning, and push forward with a smarter strategy.
How FedBiz Access Helps You Turn These Changes Into Wins
Legislative changes create opportunity, but execution wins contracts.
FedBiz Access has 25 years of experience helping small businesses compete and win in the government marketplace. We help you translate policy shifts like these into practical moves: how to position your experience, how to present past performance in an evaluation-friendly way, how to target the right opportunities, and how to market to the right buyers at the right time.
If you want help building a past performance strategy that takes advantage of these DoD changes, especially if your strongest track record is commercial, reach out.
Call FedBiz Access: 844-628-8914 or book a complimentary consultation, and let’s map out the most direct path to turning your real-world performance into a stronger competitive position in 2026 and beyond.
FedBiz makes renewals so easy and simple which is great as when doing it directly with the gov't is so much more complicated! It was great working with Ashley Futral on on our latest renewal - she saved me so much time! She also helped sort out issues that came up with SAM that I don't think we could have solved on our own. Thank you!
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Tara Goldsby
3 weeks ago
Ashley Futral was extremely helpful with renewing our sam.gov entity registration. She was always prompt with responding to emails and made the process go smoothly.
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Chris Ramey
4 weeks ago
Ashley is on another level!!! Very knowledgeable and helpful. Great to work with year over year!! Thumbs Up!!!!!!!
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Jay Reyes
4 weeks ago
Ashley Futral and the team at FedBiz Access provided outstanding support throughout my certification process. As the owner of a disabled veteran-owned logistics company, navigating the requirements can be complex—but Ashley made it seamless. Her professionalism, responsiveness, and deep knowledge of the process helped position my company for success in the government contracting space. Highly recommended for any business looking to grow strategically.
Torland Wingfield
1 month ago
I had the pleasure of working with FedBiz on my SBA Disabled Veteran Owned Company Certification. Ashley was simply amazing, using her knowledge and professional approach to get the job done. She checked on me constantly providing weekly updates and worked all issues that came up during the process. I even received a call from her when the certification was approved. This is a great company that I give my strongest recommendation.
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Ice King LLC
1 month ago
Elizabeth Whitaker made our SAM renewal process quick and easy! We enjoyed working with her and the entire FedBiz Team. They have been great folks to work with and took sooooo much drama out of the process. Quick to respond to all our questions and we truly feel they want our business to succeed. Highly recommend !!!
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1 month ago
Mya was great with communications throughout the project. She has outstanding graphics and document creation ability.
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Heridel Guadarrama
2 months ago
thanks Cassie for everything !!
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Jim Dragon
2 months ago
While working with FedBiz Access to update our cage code was an extremely easy worry-free process. Elizabeth was great to work with.
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Jon Urban
2 months ago
2025/2026 UPDATE: Cassie and her team at FedBizAccess continue to provide us with professional and reliable support for SAM registration and other government contracting needs.
2024 UPDATE: We continue to rely on FedBizAccess to help us stay on top of our SAM registration. Thanks again for making this an easy process for us, Cassie!
Original Review: We hired FedBizAccess several years ago to help us manage our federal contractor profile through the SAM database. Throughout the years they have been quick to respond to our requests. The past few years more of our focus has been outside the federal contracting arena and we hadn’t required their help. This year, though, we hit a snag renewing our SAM profile since we had a slight change in our company name. We reached out to FBA for help, and Cassie Elbanay responded immediately. She has been critical in helping us navigate the process. She is very knowledgeable, personable, and an overall professional. We are confident work will be done correctly and successfully when Cassie and her team are on the case. It has been a pleasure working with her, and I look forward to continuing our firm’s partnership with her and her team at FBA.
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2 months ago
Cassie Elbanay at FedBizAccess was extremely helpful in resolving my issue in SAM. Her knowledge and expertise with the SAM system made the process smooth and efficient—it was handled within minutes. It’s truly a pleasure working with such a knowledgeable and responsive team at FedBizAccess. I greatly appreciate the support and professionalism.
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Milissa Fowler
2 months ago
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Joyce Kamau
2 months ago
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2 months ago
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3 months ago
I had the pleasure of working with Mya, she brought my vision to life and we could not be happier with her work.
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Tamarah
3 months ago
I had a positive experience working with FedBiz and appreciated the guidance and communication provided during the process. Sidney was responsive and supportive, and I’m grateful for the assistance and encouragement along the way.
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Cami Allen
3 months ago
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4 months ago
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4 months ago
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4 months ago
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4 months ago
Mya did a great job. We completed the capabilities statement in two attempts. On the second attempt, I provided her with some of our pictures, and she embedded them in our statement.
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Rifles Only
4 months ago
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arnoldo renteria
5 months ago
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5 months ago
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A Google User
5 months ago
Mya delivered a flawless Capabilities Statement for my SAM.gov site (and others). She absorbed all of my available information, distilled it down to its clearest and most relevant messages, and wrote a solid and attractive document about which I am proud to share with others in my marketing and selling efforts.
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5 months ago
Mrs. Elbanay continues to be consistently efficient and proficient concerning all all SAM matters. We have worked with her for several years and always go back to her with any SAM or government agency matters. She is pleasant person who listens and resolves any situation and/or subject brought to her attention. Summarizing, she is second to none and we look great forward to working her again.
Once again we have the opportunity to work with Cassie Elbany and as expected she surpassed our expectation with her efficient and professional approach and completion of our new registration. It becuase of Cassie above average support that we work with FEDBIZACCESS and will continue to do so.
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5 months ago
SAM Register (Fedbizz Access) has been a great help every step of the way, Thank you Cassie E. for updating me and checking up on the process every step of the way. You have been a great help.
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cathy deLeon
5 months ago
Ashley was very helpful as always! Easy to register with FedBiz. Ashley took care of our address cheange fast and efficiently. Thank you!
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Meghan Ruth
5 months ago
Cassie has been amazing!!
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Jessica Sumner
5 months ago
Cassie assisted in making our SAM renewal fast and EASY!!
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Joe Rementer
5 months ago
Cassie was patient and professional in updating my FedBiz account information.
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Warren Gatson
5 months ago
Fedbiz has been the needle in the Haystack! Frank Krebs became Executive Service Contractor's mentor with the information and resources , his professional and friendly approach ESC were awarded a contract with the City of Chapel Hill! Its was a Darn Good Investment!!!
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Shedrick Amin
5 months ago
I recently had the pleasure of working with Fed Bizz Access to renew my SAM.gov registration, and I cannot speak highly enough of the exceptional service I received. From the outset, the process was streamlined, efficient, and handled with the utmost professionalism.
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Response from the owner:We love "Their Service is a model of excellence in government contracting support". Thank you very much for your valued recommendation for the FedBiz Access Team and specialist. We also appreciate your time and effort in leaving us this detailed five star Google review outlining your experience every step of the way, and recognizing the dedication and expertise provided. Our ultimate goal is our client's satisfaction. Thank you.
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6 months ago
⭐️⭐️⭐️⭐️⭐️ Outstanding Service & World-Class Expertise
Working with Mya Plant at FedBiz has been nothing short of exceptional. From start to finish, Mya demonstrated professionalism, attention to detail, and a true passion for helping small businesses shine.
She crafted a powerful and polished capability statement for my company, Nonstop Delivery & Logistics, capturing our mission, strengths, and federal value proposition perfectly. She didn’t just design a document — she built a brand asset that commands attention and credibility in the government contracting space.
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Mya didn’t just deliver — she partnered with us. She listened, guided, and ensured every detail was perfect. Her expertise in federal contracting marketing is unmatched, and I highly recommend her to any business looking to elevate their image and position themselves for government success.
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Terrell Scott
6 months ago
Cassie did a very amazing job with would recommend her services
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Leon Carr
6 months ago
Cassie Elbanay is a consistent and diligent professional when it comes to my business renewal for SAMS!
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Apar Fones
6 months ago
Ashley Futural was a lot of help finishing the process to get registered. She was very knowledgeable and answered any questions I had.
Response from the owner:Thank you for your loyalty to the FedBiz Access team. Our pleasure to be of service year after year. We appreciate your business and five star feedback for our FedBiz Access team consultant.
John Diaz
6 months ago
Ashley is very knowledgeable and works very efficiently in the renewal of our SAM registration. Highly recommend her and her organization, FEDBIZACCESS.
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LaToya Greene
6 months ago
Ashley Futral is very helpful and knowledgeable. She replies to my emails promptly when I have any questions throughout the year. I appreciate her professionalism and customer service.
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Donovan Wright
6 months ago
Very professional and effective service oriented organization and Team guaranteeing the best outcome.
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Debbie Goodin
6 months ago
Ashley Futral is our go-to person for all our Fed Biz needs and questions. We trust her knowledge 100%!
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Heather Kristoffersen
6 months ago
Ashley is amazing. She is always willing to help me walk through the whole process and answer any questions I have along the way!
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Anthony Padro
6 months ago
Let me tell you — government paperwork is no joke. I went into this SDVOSB certification process fully expecting to lose at least 3 brain cells and my will to live somewhere between page 47 and form 18B. Then came Ashley. Like an angel with a headset, she swooped in and somehow made sense of it all. I swear, this woman could turn a mountain of government forms into a walk in the park.
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Clinton Nguyen
6 months ago
I just wanted to take a moment to express how grateful I am for Cecelia's incredible support throughout the WOSB certification process. Cecelia, at FedBiz, has been absolutely wonderful to work with. Her professionalism, efficiency, and kindness have made a significant difference. She's been instrumental in guiding us through each step, ensuring that we understand and meet all requirements. Cecelia's dedication and hard work have truly made the process smoother and more manageable for us. I can't thank her enough for all the help she has provided.
Response from the owner:Congratulations on your recently awarded WBE/WOSB Government Certification. Thank you for allowing us the opportunity to assist in that process and thank you for your positive and detailed feedback on our team member. We very much appreciate your business and this five star Google review for our FedBiz Access team.
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