,,ii  #aafth ,,congress  #ast ,session  
,s4 #bhec  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ac1 
#bjai,ms4 ,mc,sally introduced the      
following bill2 which was read twice and
 referred to the ,committee on ,small   
,business and ,entrepreneurship  ,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  
contract1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,small ,business ,payment for       
,performance ,act of #bjai4  #b4        
,equitable adjustments to construction  
contracts  7a7 ,in general ,the ,small  
,business ,act 7#ae ,u4,s4,c4 #fca et   
seq47 is amended by inserting after     
section #ae the following3  #ae;,a4     
,equitable adjustments to construction  
contracts  7a7 ,request for an equitable
 adjustment  7#a7 ,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 concern4  7#b7 ,requirements ,a
 request submitted under paragraph 7#a7 
shall-- 7,a7 be timely made pursuant to 
the terms of the contract2 and  7,b7    
specify the estimated amount required to
 cover additional costs resulting from  
the change in the terms of the contract 
performance4  7b7 ,amount ,upon receipt 
of a request for equitable adjustment   
under subsection 7a71 the agency shall  
provide to the small business concern an
 interim partial payment in an amount   
that is not less than #ej percent of the
 estimated amount under subsection      
7a77#b77;,b74  7c7 ,limitation ,any     
interim partial payment made under this 
section shall not be deemed to be an    
action to definitize the request for an 

equitable adjustment4  7d7 ,flow-,down  
of interim partial payment amounts  7#a7
 ,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 performance4  7#b7 ,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 payment4
  4  7b7 ,implementation ,the           
,administrator of the ,small ,business  
,administration shall implement the     
requirements of this section not later  
than the earlier of--  7#a7 the first   
day of the first full fiscal year       

beginning after the date of enactment of
 this ,act2 or  7#b7 ,october #a1 #bjba4