[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11743-S11744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S11743]]

                THE SAVINGS IN CONSTRUCTION ACT OF 1996

                                 ______
                                 

                 BURNS (AND OTHERS) AMENDMENT NO. 5417

  Mr. LOTT (for Mr. Burns, for himself, Mr. Stevens, Mr. Glenn, Mr. 
Pressler, Mr. Hollings, Mr. Kerry, Mr. Warner, Mr. Robb, Mr. Shelby, 
and Mr. Grams) proposed an amendment to the bill (H.R. 2779) to provide 
for soft-metric conversation, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     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;
_______________________________________________________________________
                              N O T I C E

   A final issue of the Congressional Record for the 104th Congress 
 will be published on October 21, 1996, in order to permit Members to 
 revise and extend their remarks.
   All material for insertion must be signed by the Member and 
 delivered to the respective offices of the Official Reporters of 
 Debates (Room HT-60 or S-220 of the Capitol), Monday through Friday, 
 between the hours of 10:00 a.m. and 3:00 p.m., through October 21. 
 The final issue will be dated October 21, 1996 and will be delivered 
 on October 23.
   None of the material printed in the final issue of the 
 Congressional Record may contain subject matter, or relate to any 
 event, that occurred after the sine die date.
   Senators' statements should also be submitted electronically, 
 either on a disk to accompany the signed statement, or by e-mail to 
 the Official Reporters of Debates at ``Record at Reporters.''
   Members of Congress desiring to purchase reprints of material 
 submitted for inclusion in the Congressional Record may do so by 
 contacting the Congressional Printing Management Division, at the 
 Government Printing Office, on 512-0224, between the hours of 8:00 
 a.m. and 4:00 p.m. daily.
   By order of the Joint Committee on Printing.
                                                                     
 WILLIAM M. THOMAS, Chairman.
_______________________________________________________________________

[[Page S11744]]


       ``(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 
     sec.) 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.

                          ____________________