S.Amdt. 2454

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.
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