[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4292-S4293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2454. Ms. McSALLY submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EQUITABLE ADJUSTMENTS TO CERTAIN 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.--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 such agency if the 
     contracting officer directs a change in the work within the 
     general scope of the contract without the agreement of the 
     small business concern. Such request shall--
       ``(1) be timely made pursuant to the terms of the contract; 
     and
       ``(2) comply with Federal regulations regarding equitable 
     adjustments, including specifying additional costs resulting 
     from such change in the work within the general scope of the 
     contract.
       ``(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 at least 50 percent of the costs identified in 
     the request for equitable adjustment under subsection (a)(2).
       ``(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.--A 
     small business concern that requests an equitable adjustment 
     under this section shall pay to a first tier subcontractor or 
     supplier the portion of the 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 work within

[[Page S4293]]

     the general scope of the contract. A subcontractor or 
     supplier at any tier that receives a portion of an interim 
     partial payment under this section shall pay its 
     subcontractor or supplier 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 first day of the first full 
     fiscal year beginning after the date of enactment of this 
     Act.
                                 ______