,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bfeb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bd1     
#bjad ,mrs4 ,fischer introduced the     
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to improve the design-build 
process in ,federal contracting4  #a4   
,design-build construction process      
improvement  7a7 ,civilian contracts    
,section #ccji of title #da1 ,united    
,states ,code1 is amended-- 7#a7 in     
subsection 7d71 by striking ,the maximum
 number specified in the solicitation   
shall not exceed #e unless the agency   
determines with respect to and all that 
follows through the period at the end   
and inserting the following3 ,the       
maximum number specified in the         
solicitation shall not exceed #e unless 
the head of the contracting activity    
approves the contracting officer's      
justification that an individual        
solicitation must have greater than #e  

finalists to be in the ,federal         
,government's interest4 ,the contracting
 officer shall provide written          
documentation of how a maximum number of
 offerors exceeding #e is consistent    
with the purposes and objectives of the 
two-phase selection process42 and  7#b7 
by adding at the end the following new  
subsection3  7f7 ,design and            
construction contracts ,two-phase       
selection procedures shall be used for  
entering into a contract for the design 
and construction of a public building1  
facility1 or work when a contracting    
officer determines that the contract has
 a value of #gej1jjj or greater1 as     
adjusted for inflation in accordance    
with section #aijh of title #da1 ,united
 ,states ,code4  4  7b7 ,defense        
contracts ,section #bcje;a7d7 of title  
#aj1 ,united ,states ,code1 is amended--
 7#a7 in subsection 7d7 by striking ,the
 maximum number specified in the        
solicitation shall not exceed #e unless 
the agency determines with respect to   

and all that follows through the period 
at the end and inserting the following3 
,the maximum number specified in the    
solicitation shall not exceed #e unless 
the head of the agency contracting      
activity approves the contracting       
officers justification that an          
individual solicitation must have       
greater than #e finalists to be in the  
,federal ,government's interest4 ,the   
contracting officer shall provide       
written documentation of how a maximum  
number of offerors exceeding #e is      
consistent with the purposes and        
objectives of the two-phase selection   
process42 and  7#b7 by adding at the end
 the following new subsection3  7f7     
,design and construction contracts      
,two-phase selection procedures shall be
 used for entering into a contract for  
the design and construction of a public 
building1 facility1 or work when a      
contracting officer determines that the 
contract has a value of #gej1jjj or     
greater1 as adjusted for inflation in   

accordance with section #aijh of title  
#da1 ,united ,states ,code4  4  7c7     
,reports  7#a7 ,reports regarding agency
 actions  7,a7 ,in general ,there shall 
be compiled for each executive agency an
 annual report of each instance in which
 the agency awarded a design-build      
contract pursuant to section #ccji of   
title #da1 ,united ,states ,code1 or    
section #bcje;a7d7 of title #aj1 ,united
 ,states ,code1 as amended by this ,act1
 in which-- 7i7 more than #e finalists  
were selected for phase-two requests for
 competitive proposals2 or  7ii7 the    
contract was awarded without using      
two-phase selection procedures4  7,b7   
,responsibility ,the ,director of the   
,office of ,management and ,budget shall
 designate the head of each executive   
agency to serve as executive agent for  
the compilation of the report required  
by subparagraph 7,a7 and to facilitate  
public access to the report through     
electronic means4 ,a notice of the      
availability of each report shall be    

published in the ,federal ,register4    
7,c7 ,deadline ,the first report shall  
include reportable instances during the 
fiscal year that includes the date of   
enactment of this ,act4 ,additional     
reports shall be issued for the         
subsequent #d fiscal years4 ,each report
 shall be issued within #fj days after  
the end of the fiscal year covered by   
the report4  7#b7 ,,gao report ,not     
later than #bgj days after the deadline 
for the final report required under     
paragraph 7#a71 the ,comptroller        
,general of the ,united ,states shall   
issue a report analyzing the compliance 
of the various executive agencies in    
complying with the requirements of      
section #ccji of title #da1 ,united     
,states ,code1 and section #bcje;a7d7 of
 title #aj1 ,united ,states ,code1 as   
applicable1 as amended by this section4 
7#c7 ,executive agency defined ,in this 
subsection1 the term executive agency   
has the meaning given the term in       
section #acc of title #da1 ,united      

,states ,code4