[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2779 Enrolled Bill (ENR)]
H.R.2779
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for appropriate implementation of the Metric Conversion Act
of 1975 in Federal construction projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings in Construction Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Metric Conversion Act of 1975 was enacted in order to
set forth the policy of the United States to convert to the metric
system. Section 3 of that Act requires that each Federal agency use
the metric system of measurements in its procurement, grants, and
other business-related activities, unless that use is likely to
cause significant cost or loss of markets to United States firms,
such as when foreign competitors are producing competing products
in non-metric units.
(2) In accordance with that Act and Executive Order 12770, of
July 25, 1991, Federal agencies increasingly construct new Federal
buildings in round metric dimensions. As a result, companies that
wish to bid on Federal construction projects increasingly are asked
to supply materials or products in round metric dimensions.
(3) While the Metric Conversion Act of 1975 currently provides
an exemption to metric usage when impractical or when such usage
will cause economic inefficiencies, amendments are warranted to
ensure that the use of specific metric components in metric
construction projects do not increase the cost of Federal buildings
to the taxpayers.
SEC. 3. DEFINITIONS.
Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c) is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking ``Commerce.'' in paragraph (4) and inserting
``Commerce;''; and
(3) by inserting after paragraph (4) the following:
``(5) `full and open competition' has the same meaning as
defined in section 403(6) of title 41, United States Code;
``(6) `total installed price' means the price of purchasing a
product or material, trimming or otherwise altering some or all of
that product or material, if necessary to fit with other building
components, and then installing that product or material into a
Federal facility;
``(7) `hard-metric' means measurement, design, and manufacture
using the metric system of measurement, but does not include
measurement, design, and manufacture using English system
measurement units which are subsequently reexpressed in the metric
system of measurement;
``(8) `cost or pricing data or price analysis' has the meaning
given such terms in section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b); and
``(9) `Federal facility' means any public building (as defined
under section 13 of the Public Buildings Act of 1959 (40 U.S.C.
612) and shall include any Federal building or construction
project--
``(A) on lands in the public domain;
``(B) on lands used in connection with Federal programs for
agriculture research, recreation, and conservation programs;
``(C) on or used in connection with river, harbor, flood
control, reclamation, or power projects;
``(D) on or used in connection with housing and residential
projects;
``(E) on military installations (including any fort, camp,
post, naval training station, airfield, proving ground,
military supply depot, military school, or any similar facility
of the Department of Defense);
``(F) on installations of the Department of Veteran Affairs
used for hospital or domiciliary purposes; or
``(G) on lands used in connection with Federal prisons,
but does not include (i) any Federal building or construction
project the exclusion of which the President deems to be justified
in the public interest, or (ii) any construction project or
building owned or controlled by a State government, local
government, Indian tribe, or any private entity.''.
SEC. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL FACILITIES.
(a) The Metric Conversion Act of 1975 (15 U.S.C. 205 et seq.) is
amended by inserting after section 13 the following new section:
``SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION SERVICES AND
MATERIALS FOR FEDERAL FACILITIES.
``(a) In General.--Construction services and materials for Federal
facilities shall be procured in accordance with the policies and
procedures set forth in chapter 137 of title 10, United States Code,
section 2377 of title 10, United States Code, title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.), and section 3(2) of this Act. Determination of a design method
shall be based upon preliminary market research as required under
section 2377(c) of title 10, United States Code, and section 314B(c) of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
264b(c)). If the requirements of this Act conflict with the provisions
of section 2377 of title 10, United States Code, or section 314B of the
Federal Property and Administrative Services Act of 1949, then the
provisions of 2377 or 314B shall take precedence.
``(b) Concrete Masonry Units.--In carrying out the policy set forth
in section 3 (with particular emphasis on the policy set forth in
paragraph (2) of that section) a Federal agency may require that
specifications for the acquisition of structures or systems of concrete
masonry be expressed under the metric system of measurement, but may
not incorporate specifications, that can only be satisfied by hard-
metric versions of concrete masonry units, in a solicitation for design
or construction of a Federal facility within the United States or its
territories, or a portion of said Federal facility, unless the head of
the agency determines in writing that--
``(1) hard-metric specifications are necessary in a contract
for the repair or replacement of parts of Federal facilities in
existence or under construction upon the effective date of the
Savings in Construction Act of 1996; or
``(2) the following 2 criteria are met:
``(A) the application requires hard-metric concrete masonry
units to coordinate dimensionally into 100 millimeter building
modules; and
``(B) the total installed price of hard-metric concrete
masonry units is estimated to be equal to or less than the
total installed price of using non-hard-metric concrete masonry
units. Total installed price estimates shall be based, to the
extent available, on cost or pricing data or price analysis,
using actual hard-metric and non-hard-metric offers received
for comparable existing projects. The head of the agency shall
include in the writing required in this subsection an
explanation of the factors used to develop the price estimates.
``(c) Recessed Lighting Fixtures.--In carrying out the policy set
forth in section 3 (with particular emphasis on the policy set forth in
paragraph (2) of that section) a Federal agency may require that
specifications for the acquisition of structures or systems of recessed
lighting fixtures be expressed under the metric system of measurement,
but may not incorporate specifications, that can only be satisfied by
hard-metric versions of recessed lighting fixtures, in a solicitation
for design or construction of a Federal facility within the United
States or its territories unless the head of the agency determines in
writing that--
``(1) the predominant voluntary industry consensus standards
include the use of hard-metric for the items specified; or
``(2) hard-metric specifications are necessary in a contract
for the repair or replacement of parts of Federal facilities in
existence or under construction upon the effective date of the
Savings in Construction Act of 1996; or
``(3) the following 2 criteria are met:
``(A) the application requires hard-metric recessed
lighting fixtures to coordinate dimensionally into 100
millimeter building modules; and
``(B) the total installed price of hard-metric recessed
lighting fixtures is estimated to be equal to or less than the
total installed price of using non-hard-metric recessed
lighting fixtures. Total installed price estimates shall be
based, to the extent available, on cost or pricing data or
price analysis, using actual hard-metric and non-hard-metric
offers received for comparable existing projects. The head of
the agency shall include in the writing required in this
subsection an explanation of the factors used to develop the
price estimates.
``(d) Limitation.--The provisions of subsections (b) and (c) of
this section shall not apply to Federal contracts to acquire
construction products for the construction of facilities outside of the
United States and its territories.
``(e) Expiration.--The provisions contained in subsections (b) and
(c) of this section shall expire 10 years from the effective date of
the Savings in Construction Act of 1996.''.
SEC. 5. OMBUDSMAN.
Section 14 of the Metric Conversion Act of 1975, as added by
section 4 of this Act, is further amended by adding at the end the
following new subsection:
``(f) Agency Ombudsman.--(1) The head of each executive agency that
awards construction contracts within the United States and its
territories shall designate a senior agency official to serve as a
construction metrication ombudsman who shall be responsible for
reviewing and responding to complaints from prospective bidders,
subcontractors, suppliers, or their designated representatives related
to--
``(A) guidance or regulations issued by the agency on the use
of the metric system of measurement in contracts for the
construction of Federal buildings; and
``(B) the use of the metric system of measurement for services
and materials required for incorporation in individual projects to
construct Federal buildings.
The construction metrication ombudsman shall be independent of the
contracting officer for construction contracts.
``(2) The ombudsman shall be responsible for ensuring that the
agency is not implementing the metric system of measurement in a manner
that is impractical or is likely to cause significant inefficiencies or
loss of markets to United States firms in violation of the policy
stated in section 3(2), or is otherwise inconsistent with guidance
issued by the Secretary of Commerce in consultation with the
Interagency Council on Metric Policy while ensuring that the goals of
the Metric Conversion Act of 1975 are observed.
``(3) The ombudsman shall respond to each complaint in writing
within 60 days and make a recommendation to the head of the executive
agency for an appropriate resolution thereto. In such a recommendation,
the ombudsman shall consider--
``(A) whether the agency is adequately applying the policies
and procedures in this section;
``(B) whether the availability of hard-metric products and
services from United States firms is sufficient to ensure full and
open competition; and
``(C) the total installed price to the Federal Government.
``(4) After the head of the agency has rendered a decision
regarding a recommendation of the ombudsman, the ombudsman shall be
responsible for communicating the decision to all appropriate policy,
design, planning, procurement, and notifying personnel in the agency.
The ombudsman shall conduct appropriate monitoring as required to
ensure the decision is implemented, and may submit further
recommendations, as needed. The head of the agency's decision on the
ombudsman's recommendations, and any supporting documentation, shall be
provided to affected parties and made available to the public in a
timely manner.
``(5) Nothing in this section shall be construed to supersede the
bid protest process established under subchapter V of chapter 35 of
title 31, United States Code.''.
SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVISIONS.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect 90 days after the date of enactment of this Act.
(b) Savings Provisions.--This Act shall not apply to contracts
awarded and solicitations issued on or before the effective date of
this Act, unless the head of a Federal agency makes a written
determination in his or her sole discretion that it would be in the
public interest to apply one or more provisions of this Act or its
amendments to these existing contracts or solicitations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.