Small Business Payment for Performance Act of 2023

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. 1. Short title This Act may be cited as the Small Business Payment for Performance Act of 2023 2. Equitable adjustments to construction contracts (a) In general Section 15 of the Small Business Act ( 15 U.S.C. 644 (1) by redesignating subsections (x) and (y) as subsections (y) and (z), respectively; and (2) by inserting after subsection (w) the following new subsection: (x) Interim partial payments for equitable adjustments to construction contracts (1) Request for an equitable adjustment A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall— (A) be timely made pursuant to the terms of the contract; and (B) specify the estimated amount required to cover additional costs resulting from such change in the terms. (2) Amount Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). (3) Limitation Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. (4) Flow-down of interim partial payment amounts A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment. . (b) Implementation The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2025.

Summary: Small Business Payment for Performance Act of 2023 This bill allows a small business that is awarded a construction contract by a federal agency to request an equitable adjustment if the agency's contracting officer directs a change in the contract's performance without the agreement of the small business. The agency must provide the small business with an interim partial payment to cover additional costs resulting from such a change, and the small business must pay a first tier subcontractor or supplier the portion of the partial payment that is attributable to additional costs incurred due to the change.