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SEC. 855. CONSTRUCTION CONTRACT ADMINISTRATION.
Section 15 of the Small Business Act (15 U.S.C. 644) is amended
by adding at the end the following new subsection:
“(w) Solicitation Notice Regarding Administration Of Change
Orders For Construction.—
“(1) IN GENERAL.—With respect to any solicitation for the award
of a contract for construction anticipated to be awarded to a
small business concern, the agency administering such contract
shall provide a notice along with the solicitation to
prospective bidders and offerors that includes—
“(A) information 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; and
“(B) information about the agency’s past performance in
definitizing requests for equitable adjustments in accordance
with paragraph (2).
“(2) REQUIREMENTS FOR AGENCIES.—An agency shall provide the past
performance information described under paragraph (1)(B) as
follows:
“(A) For the 3-year period preceding the issuance of the notice,
to the extent such information is available.
“(B) With respect to an agency that, on the date of the
enactment of this subsection, has not compiled the information
described under paragraph (1)(B)—
“(i) beginning 1 year after the date of the enactment of this
subsection, for the 1-year period preceding the issuance of the
notice;
“(ii) beginning 2 years after the date of the enactment of this
subsection, for the 2-year period preceding the issuance of the
notice; and
“(iii) beginning 3 years after the date of the enactment of this
subsection and each year thereafter, for the 3-year period
preceding the issuance of the notice.
“(3) FORMAT OF PAST PERFORMANCE INFORMATION.—In the notice
required under paragraph (1), the agency shall ensure that the
past performance information described under paragraph (1)(B) is
set forth separately for each definitization action that was
completed during the following periods:
“(A) Not more than 30 days after receipt of a request for an
equitable adjustment.
“(B) Not more than 60 days after receipt of a request for an
equitable adjustment.
“(C) Not more than 90 days after receipt of a request for an
equitable adjustment.
“(D) Not more than 180 days after receipt of a request for an
equitable adjustment.
“(E) Not more than 365 days after receipt of a request for an
equitable adjustment.
“(F) More than 365 days after receipt of a request for an
equitable adjustment.
“(G) 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.”.
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Construction contract administration (sec. 855)
The House bill contained a provision (sec. 855) that would
amend section 644 of title 15, United States Code, to require
Federal agencies to provide prospective construction contractors
with information about an agency's policies and performance on
the administration of change orders.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment related to
timeframes and circumstances for definitizing orders. |
