Text: H.R.2350 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (05/04/2017)


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.


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.”.