Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Change Order Trans-
parency for Federal Contractors Act’’. 
SEC. 2. CONSTRUCTION CONTRACT ADMINISTRATION. 
Section 15 of the Small Business Act (15 U.S.C. 644) 
is amended by adding at the end the following new sub-
section: 
‘‘(w) SOLICITATION NOTICE REGARDING ADMINIS-
TRATION OF CHANGE ORDERS FOR CONSTRUCTION.— 
‘‘(1) IN GENERAL.—With respect to any solici-
tation for the award of a contract for construction 
anticipated to be awarded to a small business con-
cern, the agency administering such contract shall 
provide a notice along with the solicitation to pro-
spective bidders and offerors that includes— 
‘‘(A) information about the agency’s poli-
cies or practices in complying with the require-
ments of the Federal Acquisition Regulation re-
lating to the timely definitization of requests for 
an equitable adjustment; and 
‘‘(B) information about the agency’s past 
performance in definitizing requests for equi-
table adjustments in accordance with paragraph 
(2). 
‘‘(2) 
REQUIREMENTS
FOR
AGENCIES.—An 
agency shall provide the past performance informa-
tion described under paragraph (1)(B) as follows: 
‘‘(A) For the 3-year period preceding the 
issuance of the notice, to the extent such infor-
mation is available. 
‘‘(B) With respect to an agency that, on 
the date of the enactment of this subsection, 
has not compiled the information described 
under paragraph (1)(B)— 
‘‘(i) beginning 1 year after the date of 
the enactment of this subsection, for the 1- 
year period preceding the issuance of the 
notice; 
‘‘(ii) beginning 2 years after the date 
of the enactment of this subsection, for the 
2-year period preceding the issuance of the 
notice; and 
‘‘(iii) beginning 3 years after the date 
of the enactment of this subsection and 
each year thereafter, for the 3-year period 
preceding the issuance of the notice.
‘‘(3) FORMAT OF PAST PERFORMANCE INFOR-
MATION.—In the notice required under paragraph 
(1), the agency shall ensure that the past perform-
ance information described under paragraph (1)(B) 
is set forth separately for each definitization action 
that was completed during the following periods: 
‘‘(A) Not more than 30 days after receipt 
of a request for an equitable adjustment. 
‘‘(B) Not more than 60 days after receipt 
of a request for an equitable adjustment. 
‘‘(C) Not more than 90 days after receipt 
of a request for an equitable adjustment. 
‘‘(D) Not more than 180 days after receipt 
of a request for an equitable adjustment. 
‘‘(E) More than 365 days after receipt of 
a request for an equitable adjustment. 
‘‘(F) After the completion of the perform-
ance of the contract through a contract modi-
fication addressing all undefinitized requests for
an equitable adjustment received during the 
term of the contract.’’. 
Passed the House of Representatives May 8, 2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 4754 
AN ACT 
To amend the Small Business Act to provide pro-
spective construction contractors with informa-
tion about an agency’s policies on the administra-
tion of change orders to allow such contractors to 
make informed business decisions regarding the 
pricing of bids or proposals, and for other pur-
poses.