[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 942 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 942

  To require government agencies carrying out surface transportation 
     projects to conduct a cost-benefit analysis before procuring 
    architectural, engineering, and related services from a private 
                  contractor, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

Ms. Kilpatrick of Michigan (for herself, Mr. McDermott, and Ms. Norton) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
 Government Reform, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To require government agencies carrying out surface transportation 
     projects to conduct a cost-benefit analysis before procuring 
    architectural, engineering, and related services from a private 
                  contractor, 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 ``Safety, Accountability, and Funding 
Efficiency for Transportation Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) to ensure that taxpayers receive safe, high quality 
        transportation services at the best possible price, a 
        government agency carrying out a surface transportation project 
        should conduct a cost-benefit analysis before procuring 
        architectural, engineering, and related services from a private 
        contractor; and
            (2) by conducting the cost-benefit analysis, a government 
        agency will be able to determine if it is cost effective and in 
        the public interest to use a private contractor or government 
        employees in procuring such services.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Architectural, engineering, and related services.--The 
        term ``architectural, engineering, and related services'' means 
        architectural, landscape architectural, environmental, 
        engineering, land surveying, construction project management, 
        and construction inspection services and services related to 
        permitting and environmental studies, the preparation of plans, 
        specifications, and estimates, and the acquisition of rights-
        of-way.
            (2) Private contract.--The term ``private contract'' means 
        an agreement between a government agency and a private 
        contractor.
            (3) Government agency.--The term ``government agency'' 
        means a State, local, regional, interregional, or other 
        governmental entity that receives Federal funds to carry out 
        surface transportation projects.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (5) Surface transportation project.--The term ``surface 
        transportation project'' means a project eligible for 
        assistance under title 23, United States Code, a capital 
        project (as defined in section 5302 of title 49, United States 
        Code), and any other project related to surface transportation 
        that the Secretary determines appropriate.

SEC. 4. COST-BENEFIT ANALYSIS.

    (a) In General.--For fiscal year 2007 and each fiscal year 
thereafter, Federal funds made available to carry out a surface 
transportation project may be used by a government agency to enter into 
a private contract of $100,000 or more to procure architectural, 
engineering, and related services only if the government agency 
conducts a cost-benefit analysis for the private contract in accordance 
with the requirements of this section.
    (b) Components.--A cost-benefit analysis conducted by a government 
agency for a private contract under subsection (a) shall contain, at a 
minimum, the following:
            (1) A description of the services to be performed under the 
        private contract.
            (2) An estimate of the cost of procuring the services under 
        the private contract, including the price of the contract, the 
        cost to the government agency of negotiating and awarding the 
        contract, and the cost to the government agency of inspecting, 
        supervising, monitoring, and overseeing the contract.
            (3) An estimate of the cost of having the services 
        performed by the government agency (or a government agency 
        assisting such agency), including staff salaries and benefits, 
        office facilities and space, equipment and materials, and other 
        costs that can be reasonably attributed to the performance of 
        the services and that would not otherwise be incurred by the 
        government agency.
            (4) A determination as to whether the services would be 
        procured more quickly by entering into the private contract or 
        by having the services performed by the government agency (or a 
        government agency assisting such agency).
            (5) A determination as to whether the government agency 
        will provide equipment and materials under the private contract 
        and an estimate of the cost of any such equipment and 
        materials.
            (6) An estimate of the cost of unemployment compensation or 
        other benefits likely to be paid to any employees of the 
        government agency displaced as a result of the private 
        contract.
            (7) An estimate of the cost to the government agency of 
        resuming performance of the service to be performed under the 
        private contract.

SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS.

    (a) In General.--If, after conducting a cost-benefit analysis for a 
private contract under section 4, a government agency finds that the 
benefits of entering into the contract outweigh the costs, the agency 
shall also prepare for the contract the materials required by this 
section.
    (b) Performance History.--The materials to be prepared under 
subsection (a) shall include a performance history of the private 
contractor. Such history shall include, at a minimum, the following:
            (1) A description of any work performed for the government 
        agency by the private contractor in the preceding 5-year period 
        or, if such work was not performed, a description of any work 
        performed for other government agencies by the private 
        contractor in such 5-year period.
            (2) With respect to each private contract to which 
        paragraph (1) applies, the amount of funds originally committed 
        by the government agency under the contract and the amount of 
        funds actually expended by the government agency under the 
        contract.
            (3) With respect to each private contract to which 
        paragraph (1) applies, deadlines originally established for all 
        work performed under the contract and the actual date or dates 
        on which performance of the work was completed.
            (4) Any citations, court findings, or administrative 
        findings against the private contractor for a violation of 
        applicable Federal, State, and local laws, including laws 
        governing environmental protection, employee safety and health, 
        labor relations, and other employment requirements.
            (5) Documentation to substantiate that the qualifications, 
        experience, and expertise of the employees to be utilized by 
        the private contractor under the private contract, including 
        subcontractors, are at least equal to that of the government 
        agency employees who could be providing the services.
    (c) Political Contribution History.--The materials to be prepared 
under subsection (a) shall include a political contribution history of 
the private contractor. Such history shall include, at a minimum, a 
listing of all contributions made by the private contractor to 
political parties and candidates for political office in the preceding 
5-year period.
    (d) Certification of Performance Bond.--The materials to be 
prepared under subsection (a) shall include a certification by the 
government agency that the agency will receive from the private 
contractor a performance bond or similar instrument that ensures the 
performance of the contractor under the private contract.

SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.

    If, after conducting a cost-benefit analysis for a private contract 
under section 4 and preparing the accompanying materials under section 
5, a government agency finds that it is in the public interest to enter 
into the contract, the agency shall, at least 30 days before entering 
into the contract--
            (1) submit the results and accompanying materials to the 
        Secretary for review;
            (2) provide the results and accompanying materials to any 
        individual or entity that registers with the agency to receive 
        the results; and
            (3) make the results and accompanying materials available 
        for public inspection, including publication of the results on 
        the Internet.

SEC. 7. COMMENTS.

    In the 15-day period following the date of publication by a 
government agency of the results of a cost-benefit analysis for a 
private contract under section 4--
            (1) employees of the agency and other interested parties 
        may submit to the agency written comments refuting the accuracy 
        of results; and
            (2) employees of the agency may submit to the agency a 
        competitive bid to provide the services that would otherwise be 
        performed under the contract.

SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA.

    In procuring architectural, engineering, and related services from 
private sources using Federal funds as part of a surface transportation 
project, a government agency shall use the procedures for procuring 
architectural and engineering services under chapter 11 of title 40, 
United States Code, or equivalent State qualifications-based 
requirements.

SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK.

    Upon the request of a government agency, the Secretary may waive 
the application of this Act with respect to a private contract if the 
Secretary determines that the government agency cannot perform the work 
to be conducted under the contract with existing or additional 
government employees because the work is of an emergency, specialty, or 
intermittent nature and would likely cause regular periods of 
underutilization of government employees.
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