[104th Congress Public Law 289]
[From the U.S. Government Printing Office]
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[DOCID: f:publ289.104]
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Public Law 104-289
104th Congress
An Act
<<NOTE: Oct. 11, 1996 - [H.R. 2779]>> 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, <<NOTE: Savings in
Construction Act of 1996.>>
<<NOTE: 15 USC 205a note.>> SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings in Construction Act of
1996''.
<<NOTE: 15 USC 205a note.>> 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
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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:
<<NOTE: 15 USC 205l.>> ``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
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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.
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``(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:
<<NOTE: Contracts.>> ``(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.
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``(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.''.
<<NOTE: 15 USC 205c note.>> 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.
Approved October 11, 1996.
LEGISLATIVE HISTORY--H.R. 2779 (H.R. 4233):
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HOUSE REPORTS: No. 104-639 (Comm. on Science).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 23, considered and passed House.
Sept. 28, considered and passed Senate, amended. House
concurred in Senate amendment.
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