H. R. 2750
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
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.
This Act may be cited as the
Design-Build Efficiency and Jobs Act
Design-build selection procedures
Section 3309 of title 41, United States Code, is amended—
in subsection (d)
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.;
by adding at the end the following:
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.
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—
more than 5 finalists were selected for phase-two requests for competitive proposals; or
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.
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.