H.R. 4615
Small Business Payment for Performance Act of 2026
Sponsor: Pete Stauber
Official summary
No official summary yet.
Text of the bill
Where this section came from
-
Jul 22, 2025 · Introduced in House Referred to House Committee on Small Business, Jul 22, 2025
-
Oct 9, 2026 · Reported in House Marked up by House Committee on Small Business, Sep 16 Reported by House Committee on Small Business, Oct 9 Committee members' individual votes aren't in our records.
… 5 unchanged passages …
(1) Request for an equitable adjustment. A small business concern that was awarded a
construction
contract
for construction
by an agency may submit a request for an equitable adjustment to the contracting officer of such agency
, in accordance with the procedures of such agency and the procedures applicable to such contract,
if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall—
… 2 unchanged passages …
(2) Amount. Upon receipt of a request
for equitable adjustment from a small business concern
under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B).
(3) Limitation. Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment.
(4) Flow-down of interim partial payment amounts. A small business concern that receives an
equitable
interim
adjustment
partial payment
under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this
section
paragraph
shall pay to a subcontractor (at any tier) the appropriate portion of such payment.
]
(b) Implementation.
The
Not later than 90 days after the date of the enactment of this Act, the
Administrator of the Small Business Administration shall
implement
issue rules in accordance with
the
requirements
provisions
of
this
subchanpter
section
II
not
of
later
chapter
than
5
the
of
earlier
title
of
5,
the
United
following
States
dates:
Code,
(
1)
commonly
The
referred
first
to
day
as
of
the
first
Administrative
full
Procedures
fiscal
Act)
year
to
beginning
implement
after
the
date
requirements
of
the
this
enactment
section.
of
(c)
this
Conforming
Act
amendment
.
Paragraph
(2)
October
of
1
section 15(y) of the Small Business Act
,
2027.
as redesignated by subsection (a), is amended by striking (as defined in subsection (y)) and inserting (as defined in subsection (z)).
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
(a) In general. Section 15 of the Small Business Act (15 U.S.C. 644) is amended—
(1) by redesignating subsections (x) and (y) as subsections (y) and (z), respectively; and
(2) by inserting after subsection (w) the following new subsection:
(x) Interim partial payments for equitable adjustments to construction contracts
(1) Request for an equitable adjustment. A small business concern that was awarded a contract for construction by an agency may submit a request for an equitable adjustment to the contracting officer of such agency, in accordance with the procedures of such agency and the procedures applicable to such contract, if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall—
(A) be timely made pursuant to the terms of the contract; and
(B) specify the estimated amount required to cover additional costs resulting from such change in the terms.
(2) Amount. Upon receipt of a request under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B).
(3) Limitation. Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment.
(4) Flow-down of interim partial payment amounts. A small business concern that receives an interim partial payment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this paragraph shall pay to a subcontractor (at any tier) the appropriate portion of such payment.
(b) Implementation. Not later than 90 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules in accordance with the provisions of subchanpter II of chapter 5 of title 5, United States Code, (commonly referred to as the Administrative Procedures Act) to implement the requirements of this section.
(c) Conforming amendment. Paragraph (2) of section 15(y) of the Small Business Act, as redesignated by subsection (a), is amended by striking (as defined in subsection (y)) and inserting (as defined in subsection (z)).