[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4754 Referred in Senate (RFS)]

<DOC>
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.

    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 ``Change Order Transparency 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 subsection:
    ``(w) Solicitation Notice Regarding Administration of Change Orders 
for Construction.--
            ``(1) In general.--With respect to any solicitation for the 
        award of a contract for construction anticipated to be awarded 
        to a small business concern, the agency administering such 
        contract shall provide a notice along with the solicitation to 
        prospective bidders and offerors that includes--
                    ``(A) information 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; 
                and
                    ``(B) information about the agency's past 
                performance in definitizing requests for equitable 
                adjustments in accordance with paragraph (2).
            ``(2) Requirements for agencies.--An agency shall provide 
        the past performance information described under paragraph 
        (1)(B) as follows:
                    ``(A) For the 3-year period preceding the issuance 
                of the notice, to the extent such information 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 information.--In the 
        notice required under paragraph (1), the agency shall ensure 
        that the past performance 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 performance of 
                the contract through a contract modification addressing 
                all undefinitized requests for 


              

                an equitable adjustment received during the term of the 
                contract.''.

            Passed the House of Representatives May 8, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.