FCA Advocacy Delivers Progress on Federal Change Order Reform

FCA Advocacy Delivers Progress on Federal Change Order Reform

Years of FCA International advocacy on federal change-order payment reform reached an important milestone as the House Small Business Committee unanimously advanced H.R. 4615, the Small Business Payment for Performance Act of 2025.

On September 16, the Committee voted 23–0 to report the legislation favorably to the House. The bill addresses a problem FCA contractors know well: being directed to perform additional work while waiting for the final price of that work to be negotiated and approved.

FCA Has Been Working to Move This Issue Forward

This progress did not happen overnight.

FCA International has made change-order reform a priority in Washington, carrying the issue directly to lawmakers through ongoing legislative advocacy and FCA’s last two Legislative Fly-Ins.

During FCA’s most recent Legislative Fly-In, FCA members traveled to Washington, D.C., met with more than 30 members of Congress and their staffs, and specifically advocated for the Small Business Payment for Performance Act and stronger enforcement of prompt payment for subcontractors and suppliers. FCA members also participated in a meeting with the White House Office of Public Liaison, bringing contractor concerns directly to the Administration.

But the value of being in Washington goes beyond any single bill or Fly-In.

FCA’s presence on Capitol Hill helps establish relationships with lawmakers and their staffs so they understand who our contractors are, the challenges they face, and the impact federal policy can have on their businesses. Those relationships create opportunities for FCA to bring contractor concerns forward early, provide real-world industry perspectives, and remain engaged as legislation develops.

That sustained presence matters. FCA contractors put real-world experiences behind the policy discussion, explaining what happens when a contractor must finance government-directed changes while continuing to pay employees, benefit contributions, suppliers, and subcontractors.

What H.R. 4615 Would Do

The Small Business Payment for Performance Act would provide greater protection for qualifying small construction contractors when the federal government changes the scope or specifications of a project after contract award.

Under the legislation, qualifying small-business contractors could request an equitable adjustment and receive an interim partial payment of at least 50% of estimated costs associated with the government-directed change while the final adjustment is being resolved. The amended legislation also addresses payments flowing to affected first-tier subcontractors.

For specialty contractors, this is fundamentally a cash-flow issue. Contractors should not have to finance government-directed work for extended periods while the final cost of that work remains under negotiation.

Why This Matters Even If You Don’t Perform Federal Work

Not every FCA contractor performs federal construction, but that does not mean federal policy is irrelevant to their business.

Federal construction policy can influence the broader construction marketplace. Approaches developed at the federal level can become models considered by states, municipalities, public owners, and other contracting entities. Federal policies can also help shape broader industry expectations surrounding issues such as prompt payment, change orders, procurement, prevailing wages, workforce requirements, and contractor protections.

That is why FCA’s federal advocacy is about more than the contractors working on federal projects today. Establishing sound construction policy at the federal level can help influence the conversation that eventually reaches state and local markets.

When FCA has a voice in Washington, it helps ensure specialty contractors are represented in those discussions from the beginning.

Advocacy Is a Long Game

The Committee’s unanimous vote does not make H.R. 4615 law. It is an important step in the legislative process, and additional action by Congress would be required.

But the 23–0 committee vote demonstrates broad support within the Committee for addressing the payment challenges small construction contractors face when performing changed work on federal projects.

It also demonstrates why FCA International continues to invest in a national advocacy presence.

Showing up matters. Relationships matter. Contractor voices matter.

The Fly-In is one highly visible part of that effort, but FCA’s advocacy continues throughout the year. Building relationships with congressional offices, educating policymakers about the specialty contracting industry, responding when issues arise, and returning to Washington year after year creates the foundation that allows FCA to effectively represent contractors when important legislation is being considered.

This is what advocacy looks like: identify an issue affecting contractors, build relationships with the people who can address it, bring contractors’ real-world experiences directly to policymakers, and stay engaged as the issue moves through the process.

FCA International will continue its advocacy on H.R. 4615 as it moves through the legislative process, while continuing to work on federal policies that affect the business environment for signatory specialty contractors—because what happens in Washington can ultimately reach far beyond federal construction.