[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2750 Reported in House (RH)]
Union Calendar No. 500
113th CONGRESS
2d Session
H. R. 2750
[Report No. 113-668]
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Design-Build Efficiency and
Jobs Act of 2013''.</DELETED>
<DELETED>SEC. 2. DESIGN-BUILD SELECTION PROCEDURES.</DELETED>
<DELETED> Section 3309 of title 41, United States Code, is amended--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Reports.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) more than 5 finalists were selected
for phase-two requests for competitive proposals;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Design-Build Efficiency and Jobs Act
of 2014''.
SEC. 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.''.
Union Calendar No. 500
113th CONGRESS
2d Session
H. R. 2750
[Report No. 113-668]
_______________________________________________________________________
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.
_______________________________________________________________________
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