[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2652 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2652
To improve the design-build process in Federal contracting.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2014
Mrs. Fischer introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the design-build process in Federal contracting.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.
(a) Civilian Contracts.--Section 3309 of title 41, United States
Code, is amended--
(1) in subsection (d), by striking ``The maximum number
specified in the solicitation shall not exceed 5 unless the
agency determines with respect to'' and all that follows
through the period at the end and inserting the following:
``The maximum number specified in the solicitation shall not
exceed 5 unless the head of the contracting activity 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 shall
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 new subsection:
``(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.''.
(b) Defense Contracts.--Section 2305a(d) of title 10, United States
Code, is amended--
(1) in subsection (d) by striking ``The maximum number
specified in the solicitation shall not exceed 5 unless the
agency determines with respect to'' and all that follows
through the period at the end and inserting the following:
``The maximum number specified in the solicitation shall not
exceed 5 unless the head of the agency contracting activity
approves the contracting officers justification that an
individual solicitation must have greater than 5 finalists to
be in the Federal Government's interest. The contracting
officer shall 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 new subsection:
``(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.''.
(c) Reports.--
(1) Reports regarding agency actions.--
(A) In general.--There shall be compiled for each
executive agency an annual report of each instance in
which the agency awarded a design-build contract
pursuant to section 3309 of title 41, United States
Code, or section 2305a(d) of title 10, United States
Code, as amended by this Act, in which--
(i) more than 5 finalists were selected for
phase-two requests for competitive proposals;
or
(ii) the contract was awarded without using
two-phase selection procedures.
(B) Responsibility.--The Director of the Office of
Management and Budget shall designate the head of each
executive agency to serve as executive agent for the
compilation of the report required by subparagraph (A)
and to facilitate public access to the report through
electronic means. A notice of the availability of each
report shall be published in the Federal Register.
(C) Deadline.--The first report shall include
reportable instances during the fiscal year that
includes the date of enactment of this Act. Additional
reports shall be issued for the subsequent 4 fiscal
years. Each report shall be issued within 60 days after
the end of the fiscal year covered by the report.
(2) GAO report.--Not later than 270 days after the deadline
for the final report required under paragraph (1), the
Comptroller General of the United States shall issue a report
analyzing the compliance of the various executive agencies in
complying with the requirements of section 3309 of title 41,
United States Code, and section 2305a(d) of title 10, United
States Code, as applicable, as amended by this section.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given the term in section
133 of title 41, United States Code.
<all>