[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2853 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2853
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.
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IN THE SENATE OF THE UNITED STATES
November 13, 2019
Ms. McSally introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
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A BILL
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.
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 Payment for
Performance Act of 2019''.
SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended by inserting after section 15 the following:
``SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
``(a) Request for an Equitable Adjustment.--
``(1) In general.--A small business concern performing a
construction contract that was awarded by an agency may submit
a request for an equitable adjustment to the contracting
officer of the agency if the contracting officer directs a
change in the terms of the contract performance without the
agreement of the small business concern.
``(2) Requirements.--A request submitted under paragraph
(1) 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 the change in the
terms of the contract performance.
``(b) Amount.--Upon receipt of a request for equitable adjustment
under subsection (a), the agency shall provide to the small business
concern an interim partial payment in an amount that is not less than
50 percent of the estimated amount under subsection (a)(2)(B).
``(c) Limitation.--Any interim partial payment made under this
section shall not be deemed to be an action to definitize the request
for an equitable adjustment.
``(d) Flow-Down of Interim Partial Payment Amounts.--
``(1) Payment to first tier subcontractor or supplier.--A
small business concern that requests an equitable adjustment
under this section shall pay to a first tier subcontractor or
supplier the portion of each interim partial payment received
that is attributable to the increased costs of performance
incurred by the first tier subcontractor or supplier due to the
change in the terms of the contract performance.
``(2) Payment to other subcontractor or supplier.--A first
tier subcontractor or supplier that receives a portion of an
interim partial payment under this section shall pay to a
subcontractor or supplier at any tier the appropriate portion
of the payment.''.
(b) Implementation.--The Administrator of the Small Business
Administration shall implement the requirements of this section not
later than the earlier of--
(1) the first day of the first full fiscal year beginning
after the date of enactment of this Act; or
(2) October 1, 2021.
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