[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2350 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2350

 To amend the Small Business Act to foster greater transparency in and 
  establish standards relating to the administration of construction 
    contracts, 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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                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2017

  Mr. Bacon introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
 To amend the Small Business Act to foster greater transparency in and 
  establish standards relating to the administration of construction 
    contracts, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Know-Before-You-Bid 
Construction Transparency Act of 2017''.

SEC. 2. CONSTRUCTION CONTRACT ADMINISTRATION.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended by 
inserting after section 15 the following new section:

``SEC. 15A. CONSTRUCTION CONTRACT ADMINISTRATION.

    ``(a) Transparency in the Administration of Construction 
Contracts.--
            ``(1) In general.--The Administrator, in consultation with 
        the Director of the Office of Management and Budget, shall make 
        available a secured electronic system through which each agency 
        shall provide access to documents relating to each construction 
        contract administered by the agency that is awarded to a small 
        business concern.
            ``(2) Documents to be made available.--At minimum, the 
        following items shall be made accessible through the secured 
        electronic system:
                    ``(A) A copy of any payment bond provided for the 
                contract and any modification to such bond required by 
                the agency.
                    ``(B) Each payment made to the prime contractor, 
                including the date of payment and the amount paid, 
                specifying any amounts withheld from the amount 
                requested by the prime contractor and a general 
                explanation of why an amount was withheld.
            ``(3) Timeliness of inclusion of information.--Any item of 
        information relating to a construction contract administered by 
        an agency shall be made available electronically through the 
        secured electronic system described under paragraph (1) not 
        later than 15 days after such item is included in the contract 
        file.
    ``(b) Solicitation Notice Regarding Administration of Change Orders 
for Construction.--With respect to any solicitation for the award of a 
contract for construction anticipated to be awarded to a small business 
concern, the agency shall provide a notice along with the solicitation 
to prospective bidders and offerors about the agency's policies or 
practices in complying with the requirements of the Federal Acquisition 
Regulation relating to the timely definitization of requests for an 
equitable adjustment. Such notice shall include information about the 
agency's past performance in definitizing requests for equitable 
adjustments, set forth separately shall be presented for each 
definitization action that was completed during the following periods:
            ``(1) Not more than 30 days after receipt of a request for 
        an equitable adjustment.
            ``(2) Not more than 45 days after receipt of a request for 
        an equitable adjustment.
            ``(3) Not more than 90 days after receipt of a request for 
        an equitable adjustment.
            ``(4) Not more than 180 days after receipt of a request for 
        an equitable adjustment.
            ``(5) More than 365 days after receipt of a request for an 
        equitable adjustment.
            ``(6) After the completion of the performance of the 
        contract through a contract modification addressing all 
        undefinitized requests for an equitable adjustment received 
        during the term of the contract.''.
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