I 

115TH CONGRESS 

2D SESSION H. R. 4754 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2018 

Mr. BACON (for himself, Mr. KNIGHT, Mr. LAWSON of Florida, and Mrs. 

MURPHY of Florida) introduced the following bill; which was referred to 

the Committee on Small Business 

A BILL 

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. 

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’’. 


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1 SEC. 2. CONSTRUCTION CONTRACT ADMINISTRATION. 

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

3 is amended by adding at the end the following new sub4 section: 

5 ‘‘(w) SOLICITATION NOTICE REGARDING ADMINIS6 TRATION OF CHANGE ORDERS FOR CONSTRUCTION.— 

7 ‘‘(1) IN GENERAL.—With respect to any solici8 tation for the award of a contract for construction 

9 anticipated to be awarded to a small business con10 cern, the agency administering such contract shall 

11 provide a notice along with the solicitation to pro12 spective bidders and offerors that includes— 

13 ‘‘(A) information about the agency’s poli14 cies or practices in complying with the require15 ments of the Federal Acquisition Regulation re16 lating to the timely definitization of requests for 

17 an equitable adjustment; and 

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

19 performance in definitizing requests for equi20 table adjustments in accordance with paragraph 

21 (2). 

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

23 agency shall provide the past performance informa24 tion described under paragraph (1)(B) as follows: 


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

2 issuance of the notice, to the extent such infor3 mation is available. 

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

5 the date of the enactment of this subsection, 

6 has not compiled the information described 

7 under paragraph (1)(B)— 

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

9 the enactment of this subsection, for the 1- 

10 year period preceding the issuance of the 

11 notice; 

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

13 of the enactment of this subsection, for the 

14 2-year period preceding the issuance of the 

15 notice; and 

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

17 of the enactment of this subsection and 

18 each year thereafter, for the 3-year period 

19 preceding the issuance of the notice. 

20 ‘‘(3) FORMAT OF PAST PERFORMANCE INFOR21 MATION.—In the notice required under paragraph 

22 (1), the agency shall ensure that the past perform23 ance information described under paragraph (1)(B) 

24 is set forth separately for each definitization action 

25 that was completed during the following periods: 


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

2 of a request for an equitable adjustment. 

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

4 of a request for an equitable adjustment. 

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

6 of a request for an equitable adjustment. 

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

8 of a request for an equitable adjustment. 

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

10 a request for an equitable adjustment. 

11 ‘‘(F) After the completion of the perform12 ance of the contract through a contract modi13 fication addressing all undefinitized requests for 

14 an equitable adjustment received during the 

15 term of the contract.’’. 

Æ 


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