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I
116TH CONGRESS
1ST SESSION H. R. 2344
To amend the Small Business Act to provide interim partial payment to
small business contractors that request an equitable adjustment due
to a change in the terms of a construction contract, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 2019
Mr. STAUBER (for himself and Mr. VEASEY) introduced the following bill;
which was referred to the Committee on Small Business
A BILL
To amend the Small Business Act to provide interim partial
payment to small business contractors that request an
equitable adjustment due to a change in the terms of
a construction contract, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Small Business Pay-
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ment for Performance Act of 2019’’.
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•HR 2344 IH
SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION
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CONTRACTS.
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(a) IN GENERAL.—The Small Business Act (15
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U.S.C. 631 et seq.) is amended by inserting after section
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15 the following new section:
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‘‘SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION
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CONTRACTS.
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‘‘(a) REQUEST FOR AN EQUITABLE ADJUSTMENT.—
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A small business concern performing a construction con-
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tract that was awarded by an agency may submit a re-
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quest for an equitable adjustment to the contracting offi-
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cer of such agency if the contracting officer directs a
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change in the terms of the contract performance without
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the agreement of the small business concern. Such request
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shall—
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‘‘(1) be timely made pursuant to the terms of
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the contract; and
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‘‘(2) specify the estimated amount required to
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cover additional costs resulting from such change in
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the terms of the contract performance.
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‘‘(b) AMOUNT.—Upon receipt of a request for equi-
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table adjustment under subsection (a), the agency shall
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provide to the small business concern an interim partial
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payment in an amount that is at least 50 percent of the
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estimated amount under subsection (a)(2).
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‘‘(c) LIMITATION.—Any interim partial payment
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made under this section shall not be deemed to be an ac-
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tion to definitize the request for an equitable adjustment.
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‘‘(d) FLOW-DOWN OF INTERIM PARTIAL PAYMENT
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AMOUNTS.—A small business concern that requests an eq-
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uitable adjustment under this section shall pay to a first
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tier subcontractor or supplier the portion of each interim
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partial payment received that is attributable to the in-
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creased costs of performance incurred by the first tier sub-
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contractor or supplier due to the change in the terms of
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the contract performance. A first tier subcontractor or
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supplier that receives a portion of an interim partial pay-
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ment under this section shall pay to a subcontractor or
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supplier at any tier the appropriate portion of such pay-
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ment.’’.
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(b) IMPLEMENTATION.—The Administrator of the
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Small Business Administration shall implement the re-
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quirements of this section not later than the earlier of the
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following dates:
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(1) The first day of the first full fiscal year be-
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ginning after the date of the enactment of this Act.
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(2) October 1, 2021.
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