IIB 

115TH CONGRESS 

2D SESSION H. R. 4754 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2018 

Received; read twice and referred to the Committee on Small Business and 

Entrepreneurship 

AN ACT 

To amend the Small Business Act to provide prospective 

construction contractors with information about an agency’s policies on the administration of change orders to 

allow such contractors to make informed business decisions regarding the pricing of bids or proposals, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Change Order Trans5 parency for Federal Contractors Act’’. 

6 SEC. 2. CONSTRUCTION CONTRACT ADMINISTRATION. 

7 Section 15 of the Small Business Act (15 U.S.C. 644) 

8 is amended by adding at the end the following new sub9 section: 

10 ‘‘(w) SOLICITATION NOTICE REGARDING ADMINIS11 TRATION OF CHANGE ORDERS FOR CONSTRUCTION.— 

12 ‘‘(1) IN GENERAL.—With respect to any solici13 tation for the award of a contract for construction 

14 anticipated to be awarded to a small business con15 cern, the agency administering such contract shall 

16 provide a notice along with the solicitation to pro17 spective bidders and offerors that includes— 

18 ‘‘(A) information about the agency’s poli19 cies or practices in complying with the require20 ments of the Federal Acquisition Regulation re21 lating to the timely definitization of requests for 

22 an equitable adjustment; and 

23 ‘‘(B) information about the agency’s past 

24 performance in definitizing requests for equiVerDate Sep 11 2014 04:52 May 10, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4754.RFS H4754

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1 table adjustments in accordance with paragraph 

2 (2). 

3 ‘‘(2) REQUIREMENTS FOR AGENCIES.—An 

4 agency shall provide the past performance informa5 tion described under paragraph (1)(B) as follows: 

6 ‘‘(A) For the 3-year period preceding the 

7 issuance of the notice, to the extent such infor8 mation is available. 

9 ‘‘(B) With respect to an agency that, on 

10 the date of the enactment of this subsection, 

11 has not compiled the information described 

12 under paragraph (1)(B)— 

13 ‘‘(i) beginning 1 year after the date of 

14 the enactment of this subsection, for the 1- 

15 year period preceding the issuance of the 

16 notice; 

17 ‘‘(ii) beginning 2 years after the date 

18 of the enactment of this subsection, for the 

19 2-year period preceding the issuance of the 

20 notice; and 

21 ‘‘(iii) beginning 3 years after the date 

22 of the enactment of this subsection and 

23 each year thereafter, for the 3-year period 

24 preceding the issuance of the notice. 


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1 ‘‘(3) FORMAT OF PAST PERFORMANCE INFOR2 MATION.—In the notice required under paragraph 

3 (1), the agency shall ensure that the past perform4 ance information described under paragraph (1)(B) 

5 is set forth separately for each definitization action 

6 that was completed during the following periods: 

7 ‘‘(A) Not more than 30 days after receipt 

8 of a request for an equitable adjustment. 

9 ‘‘(B) Not more than 60 days after receipt 

10 of a request for an equitable adjustment. 

11 ‘‘(C) Not more than 90 days after receipt 

12 of a request for an equitable adjustment. 

13 ‘‘(D) Not more than 180 days after receipt 

14 of a request for an equitable adjustment. 

15 ‘‘(E) More than 365 days after receipt of 

16 a request for an equitable adjustment. 

17 ‘‘(F) After the completion of the perform18 ance of the contract through a contract modi19 fication addressing all undefinitized requests for 


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1 an equitable adjustment received during the 

2 term of the contract.’’. 

Passed the House of Representatives May 8, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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