H.R. 2750 — Reported in House

IB Union Calendar No. 500 113th CONGRESS 2d Session H. R. 2750 [Report No. 113–668] IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Graves of Missouri (for himself, Ms. Herrera Beutler, Mr. Hanna, Mr. Mulvaney, Mr. Connolly, Mr. Meadows, and Ms. Meng) introduced the following bill; which was referred to the Committee on Oversight and Government Reform December 12, 2014 Additional sponsors: Mr. Farenthold, Mr. Schrader, Mr. Terry, Mr. Paulsen, Mr. Ross, Mr. Tipton, Mr. Miller of Florida, Mr. Welch, Mr. Schneider, Mr. Cartwright, and Ms. Wilson of Florida December 12, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To amend title 41, United States Code, to require the use of two-phase selection procedures when design-build contracts are suitable for award to small business concerns, and for other purposes. 1. Short title This Act may be cited as the Design-Build Efficiency and Jobs Act of 2013. 2. Design-build selection procedures Section 3309 of title 41, United States Code, is amended— (1) in subsection (d) by striking agency determines with respect to and all that follows through the period at the end, and inserting the following: the head of the agency approves the contracting officer’s justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government’s interest. The contracting officer must provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.; and (2) by adding at the end the following: (f) Design and construction contracts Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code. (g) Reports (1) Agency reports Beginning on the date that is 1 year after the effective date of this subsection, and for each of the 4 years thereafter, each agency shall submit to the Comptroller General of the United States and publish in the Federal Register, an annual report regarding all cases in the preceding year in which— (A) more than 5 finalists were selected for phase-two requests for competitive proposals; or (B) for a contract that has a value of $750,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code) or greater for which the two-phase selection procedures was not used. (2) GAO report On the first full fiscal year that is 5 years after the effective date of this subsection, the Comptroller General of the United States shall publish a report that, based on the information provided in the agency reports required under paragraph (1), analyzes the degree to which agencies have complied with the requirements of this section. . 1. Short title This Act may be cited as the Design-Build Efficiency and Jobs Act of 2014. 2. Design-build selection procedures (a) Civilian agency contracts Section 3309 of title 41, United States Code, is amended— (1) in subsection (d), by striking agency determines with respect to and all that follows through the period at the end, and inserting the following: head of the agency approves the contracting officer’s justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government’s interest. The contracting officer must provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.; and (2) by adding at the end the following: (f) Design and construction contracts Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $1,500,000 or greater, as adjusted for inflation in accordance with section 1908 of this title, unless the head of the agency approves the contracting officer’s justification that procedures other than two-phase selection procedures are in the best interest of the Federal Government. (g) Reports (1) Agency reports Beginning on the date that is 1 year after the effective date of this subsection, and for each of the 4 years thereafter, each agency shall submit to the Comptroller General of the United States and publish in the Federal Register an annual report regarding all cases in the preceding year— (A) in which more than 5 finalists were selected for phase-two requests for competitive proposals; or (B) for a contract that has a value of $1,500,000 (as adjusted for inflation in accordance with section 1908 of this title) or greater for which the two-phase selection procedures were not used. (2) GAO report In the first full fiscal year that is 5 years after the effective date of this subsection, the Comptroller General of the United States shall publish a report that, based on the information provided in the agency reports required under paragraph (1), analyzes the degree to which agencies have complied with the requirements of this section. . (b) Defense contracts Section 2305a title 10, United States Code, is amended— (1) in subsection (d), by striking agency determines with respect to and all that follows through the period at the end, and inserting the following: head of the agency approves the contracting officer’s justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government’s interest. The contracting officer must provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.; and (2) by adding at the end the following: (g) Design and construction contracts Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $1,500,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, unless the head of the agency approves the contracting officer’s justification that procedures other than two-phase selection procedures are in the best interest of the Federal Government. (h) Reports (1) Beginning on the date that is 1 year after the effective date of this subsection, and for each of the 4 years thereafter, each agency shall submit to the Comptroller General of the United States and publish in the Federal Register an annual report regarding all cases in the preceding year— (A) in which more than 5 finalists were selected for phase-two requests for competitive proposals; or (B) for a contract that has a value of $1,500,000 (as adjusted for inflation in accordance with section 1908 of title 41) or greater for which the two-phase selection procedures were not used. (2) In the first full fiscal year that is 5 years after the effective date of this subsection, the Comptroller General of the United States shall publish a report that, based on the information provided in the agency reports required under paragraph (1), analyzes the degree to which agencies have complied with the requirements of this section. . December 12, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed