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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2779 Enrolled Bill (ENR)]

        H.R.2779

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
 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,

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;
            ``(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:

``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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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