Small Business Payment for Performance Act of 2023

HR 2726, the Small Business Payment for Performance Act of 2023, requires U.S. government agencies to provide small businesses with interim partial payments when they unilaterally change construction contract terms. Specifically, it mandates that agencies pay at least 50% of the estimated additional costs requested by small businesses within the timeframe specified by the contract. The bill also requires small businesses to pass these interim payments to first-tier subcontractors and any lower-tier subcontractors who incurred increased costs due to the contract change. This law applies directly to small business concerns awarded federal construction contracts and takes effect by October 1, 2025, or the start of the next full fiscal year after enactment.