I 

108TH CONGRESS 

1ST SESSION H. R. 1980

To require government agencies carrying out surface transportation projects 

to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2003

Ms. KILPATRICK introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL

To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related 

services from a private contractor, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safety, Accountability, 

5 and Funding Efficiency for Transportation Act of 2003’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds that—

3 (1) to ensure that taxpayers receive safe, high 

4 quality transportation services at the best possible 

5 price, a government agency carrying out a surface 

6 transportation project should conduct a cost-benefit 

7 analysis before procuring architectural, engineering, 

8 and related services from a private contractor; and 

9 (2) by conducting the cost-benefit analysis, a 

10 government agency will be able to determine if it is 

11 cost effective and in the public interest to use a pri12 vate contractor or government employees in pro13 curing such services. 

14 SEC. 3. DEFINITIONS. 

15 In this Act, the following definitions apply: 

16 (1) ARCHITECTURAL, ENGINEERING, AND RE17 LATED SERVICES.—The term ‘‘architectural, engi18 neering, and related services’’ means architectural, 

19 landscape architectural, environmental, engineering, 

20 land surveying, construction project management, 

21 and construction inspection services and services re22 lated to permitting and environmental studies, the 

23 preparation of plans, specifications, and estimates, 

24 and the acquisition of rights-of-way. 
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1 (2) PRIVATE CONTRACT.—The term ‘‘private 

2 contract’’ means an agreement between a govern3 ment agency and a private contractor. 

4 (3) GOVERNMENT AGENCY.—The term ‘‘govern5 ment agency’’ means a State, local, regional, inter6 regional, or other governmental entity that receives 

7 Federal funds to carry out surface transportation 

8 projects. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Transportation. 

11 (5) SURFACE TRANSPORTATION PROJECT.—The 

12 term ‘‘surface transportation project’’ means a 

13 project eligible for assistance under title 23, United 

14 States Code, a capital project (as defined in section 

15 5302 of title 49, United States Code), and any other 

16 project related to surface transportation that the 

17 Secretary determines appropriate. 

18 SEC. 4. COST-BENEFIT ANALYSIS. 

19 (a) IN GENERAL.—For fiscal year 2005 and each fis20 cal year thereafter, Federal funds made available to carry 

21 out a surface transportation project may be used by a gov22 ernment agency to enter into a private contract of 

23 $100,000 or more to procure architectural, engineering, 

24 and related services only if the government agency con-
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1 ducts a cost-benefit analysis for the private contract in 

2 accordance with the requirements of this section. 

3 (b) COMPONENTS.—A cost-benefit analysis conducted 

4 by a government agency for a private contract under sub5 section (a) shall contain, at a minimum, the following: 

6 (1) A description of the services to be per7 formed under the private contract. 

8 (2) An estimate of the cost of procuring the 

9 services under the private contract, including the 

10 price of the contract, the cost to the government 

11 agency of negotiating and awarding the contract, 

12 and the cost to the government agency of inspecting, 

13 supervising, monitoring, and overseeing the contract. 

14 (3) An estimate of the cost of having the serv15 ices performed by the government agency (or a gov16 ernment agency assisting such agency), including 

17 staff salaries and benefits, office facilities and space, 

18 equipment and materials, and other costs that can 

19 be reasonably attributed to the performance of the 

20 services and that would not be otherwise be incurred 

21 by the government agency. 

22 (4) A determination as to whether the services 

23 would be procured more quickly by entering into the 

24 private contract or by having the services performed 
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1 by the government agency (or a government agency 

2 assisting such agency). 

3 (5) A determination as to whether the govern4 ment agency will provide equipment and materials 

5 under the private contract and an estimate of the 

6 cost of any such equipment and materials. 

7 (6) An estimate of the cost of unemployment 

8 compensation or other benefits likely to be paid to 

9 any employees of the government agency displaced 

10 as a result of the private contract. 

11 (7) An estimate of the cost to the government 

12 agency of resuming performance of the service to be 

13 performed under the private contract. 

14 SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANAL15 YSIS. 

16 (a) IN GENERAL.—If, after conducting a cost-benefit 

17 analysis for a private contract under section 4, a govern18 ment agency finds that the benefits of entering into the 

19 contract outweigh the costs, the agency shall also prepare 

20 for the contract the materials required by this section. 

21 (b) PERFORMANCE HISTORY.—The materials to be 

22 prepared under subsection (a) shall include a performance 

23 history of the private contractor. Such history shall in24 clude, at a minimum, the following:
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1 (1) A description of any work performed for the 

2 government agency by the private contractor in the 

3 preceding 5-year period or, if such work was not 

4 performed, a description of any work performed for 

5 other government agencies by the private contractor 

6 in such 5-year period. 

7 (2) With respect to each private contract to 

8 which paragraph (1) applies, the amount of funds 

9 originally committed by the government agency 

10 under the contract and the amount of funds actually 

11 expended by the government agency under the con12 tract. 

13 (3) With respect to each private contract to 

14 which paragraph (1) applies, deadlines originally es15 tablished for all work performed under the contract 

16 and the actual date or dates on which performance 

17 of the work was completed. 

18 (4) Any citations, court findings, or administra19 tive findings against the private contractor for a vio20 lation of applicable Federal, State, and local laws, 

21 including laws governing environmental protection, 

22 employee safety and health, labor relations, and 

23 other employment requirements. 

24 (5) Documentation to substantiate that the 

25 qualifications, experience, and expertise of the em-
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1 ployees to be utilized by the private contractor under 

2 the private contract, including subcontractors, are at 

3 least equal to that of the government agency employ4 ees who could be providing the services. 

5 (c) POLITICAL CONTRIBUTION HISTORY.—The mate6 rials to be prepared under subsection (a) shall include a 

7 political contribution history of the private contractor. 

8 Such history shall include, at a minimum, a listing of all 

9 contributions made by the private contractor to political 

10 parties and candidates for political office in the preceding 

11 5-year period. 

12 (d) CERTIFICATION OF PERFORMANCE BOND.—The 

13 materials to be prepared under subsection (a) shall include 

14 a certification by the government agency that the agency 

15 will receive from the private contractor a performance 

16 bond or similar instrument that ensures the performance 

17 of the contractor under the private contract. 

18 SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANAL19 YSIS. 

20 If, after conducting a cost-benefit analysis for a pri21 vate contract under section 4 and preparing the accom22 panying materials under section 5, a government agency 

23 finds that it is in the public interest to enter into the con24 tract, the agency shall, at least 30 days before entering 

25 into the contract—
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1 (1) submit the results and accompanying mate2 rials to the Secretary for review; 

3 (2) provide the results and accompanying mate4 rials to any individual or entity that registers with 

5 the agency to receive the results; and 

6 (3) make the results and accompanying mate7 rials available for public inspection, including publi8 cation of the results on the Internet. 

9 SEC. 7. COMMENTS. 

10 In the 15-day period following the date of publication 

11 by a government agency of the results of a cost-benefit 

12 analysis for a private contract under section 4—

13 (1) employees of the agency and other inter14 ested parties may submit to the agency written com15 ments refuting the accuracy of results; and 

16 (2) employees of the agency may submit to the 

17 agency a competitive bid to provide the services that 

18 would otherwise be performed under the contract. 

19 SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRI20 TERIA. 

21 In procuring architectural, engineering, and related 

22 services from private sources using Federal funds as part 

23 of a surface transportation project, a government agency 

24 shall use the procedures for procuring architectural and 

25 engineering services under chapter 11 of title 40, United 
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1 States Code, or equivalent State qualifications-based re2 quirements. 

3 SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK. 

4 Upon the request of a government agency, the Sec5 retary may waive the application of this Act with respect 

6 to a private contract if the Secretary determines that the 

7 government agency cannot perform the work to be con8 ducted under the contract with existing or additional gov9 ernment employees because the work is of an emergency, 

10 specialty, or intermittent nature and would likely cause 

11 regular periods of underutilization of government employ12 ees.

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