110 HR 3621 IH: Safety, Accountability, and Funding U.S. House of Representatives 2007-09-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3621 IN THE HOUSE OF REPRESENTATIVES September 20, 2007 Ms. Kilpatrick introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and 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.

1.

Short title

This Act may be cited as the Safety, Accountability, and Funding Efficiency for Transportation Act of 2007.

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.

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.

4.

Cost-benefit analysis

(a)

In general

For fiscal year 2009 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.

5.

Disclosure of results of cost-benefit analysis

If, after conducting a cost-benefit analysis for a private contract under section 4, 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.

6.

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.

7.

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.

8.

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.