[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