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Union Calendar No. 500 

113TH CONGRESS 

2D SESSION H. R. 2750 

[Report No. 113–668] 

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. 

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 

DECEMBER 12, 2014 

Additional sponsors: Mr. FARENTHOLD, Mr. SCHRADER, Mr. TERRY, Mr. 

PAULSEN, Mr. ROSS, Mr. TIPTON, Mr. MILLER of Florida, Mr. WELCH, 

Mr. SCHNEIDER, Mr. CARTWRIGHT, and Ms. WILSON of Florida 

DECEMBER 12, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 


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A BILL 

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. 


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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 ‘‘Design-Build Effi5 ciency and Jobs Act of 2013’’. 

6 SEC. 2. DESIGN-BUILD SELECTION PROCEDURES. 

7 Section 3309 of title 41, United States Code, is 

8 amended— 

9 (1) in subsection (d) by striking ‘‘agency deter10 mines with respect to’’ and all that follows through 

11 the period at the end, and inserting the following: 

12 ‘‘the head of the agency approves the contracting of13 ficer’s justification that an individual solicitation 

14 must have greater than 5 finalists to be in the Fed15 eral Government’s interest. The contracting officer 

16 must provide written documentation of how a max17 imum number of offerors exceeding 5 is consistent 

18 with the purposes and objectives of the two-phase se19 lection process.’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(f) DESIGN AND CONSTRUCTION CONTRACTS.— 

22 Two-phase selection procedures shall be used for entering 

23 into a contract for the design and construction of a public 

24 building, facility, or work when a contracting officer deter25 mines that the contract has a value of $750,000 or greatVerDate Sep 11 2014 21:23 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2750.RH H2750

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1 er, as adjusted for inflation in accordance with section 

2 1908 of title 41, United States Code. 

3 ‘‘(g) REPORTS.— 

4 ‘‘(1) AGENCY REPORTS.—Beginning on the date 

5 that is 1 year after the effective date of this sub6 section, and for each of the 4 years thereafter, each 

7 agency shall submit to the Comptroller General of 

8 the United States and publish in the Federal Reg9 ister, an annual report regarding all cases in the 

10 preceding year in which— 

11 ‘‘(A) more than 5 finalists were selected 

12 for phase-two requests for competitive pro13 posals; or 

14 ‘‘(B) for a contract that has a value of 

15 $750,000 (as adjusted for inflation in accord16 ance with section 1908 of title 41, United 

17 States Code) or greater for which the two-phase 

18 selection procedures was not used. 

19 ‘‘(2) GAO REPORT.—On the first full fiscal 

20 year that is 5 years after the effective date of this 

21 subsection, the Comptroller General of the United 

22 States shall publish a report that, based on the in23 formation provided in the agency reports required 

24 under paragraph (1), analyzes the degree to which 


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1 agencies have complied with the requirements of this 

2 section.’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Design-Build Efficiency 

5 and Jobs Act of 2014’’. 

6 SEC. 2. DESIGN-BUILD SELECTION PROCEDURES. 

7 (a) CIVILIAN AGENCY CONTRACTS.—Section 3309 of 

8 title 41, United States Code, is amended— 

9 (1) in subsection (d), by striking ‘‘agency deter10 mines with respect to’’ and all that follows through 

11 the period at the end, and inserting the following: 

12 ‘‘head of the agency approves the contracting officer’s 

13 justification that an individual solicitation must have 

14 greater than 5 finalists to be in the Federal Govern15 ment’s interest. The contracting officer must provide 

16 written documentation of how a maximum number of 

17 offerors exceeding 5 is consistent with the purposes 

18 and objectives of the two-phase selection process.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(f) DESIGN AND CONSTRUCTION CONTRACTS.—Two21 phase selection procedures shall be used for entering into 

22 a contract for the design and construction of a public build23 ing, facility, or work when a contracting officer determines 

24 that the contract has a value of $1,500,000 or greater, as 

25 adjusted for inflation in accordance with section 1908 of 


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1 this title, unless the head of the agency approves the con2 tracting officer’s justification that procedures other than 

3 two-phase selection procedures are in the best interest of the 

4 Federal Government. 

5 ‘‘(g) REPORTS.— 

6 ‘‘(1) AGENCY REPORTS.—Beginning on the date 

7 that is 1 year after the effective date of this sub8 section, and for each of the 4 years thereafter, each 

9 agency shall submit to the Comptroller General of the 

10 United States and publish in the Federal Register an 

11 annual report regarding all cases in the preceding 

12 year— 

13 ‘‘(A) in which more than 5 finalists were se14 lected for phase-two requests for competitive pro15 posals; or 

16 ‘‘(B) for a contract that has a value of 

17 $1,500,000 (as adjusted for inflation in accord18 ance with section 1908 of this title) or greater for 

19 which the two-phase selection procedures were 

20 not used. 

21 ‘‘(2) GAO REPORT.—In the first full fiscal year 

22 that is 5 years after the effective date of this sub23 section, the Comptroller General of the United States 

24 shall publish a report that, based on the information 

25 provided in the agency reports required under paraVerDate Sep 11 2014 21:23 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2750.RH H2750

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1 graph (1), analyzes the degree to which agencies have 

2 complied with the requirements of this section.’’. 

3 (b) DEFENSE CONTRACTS.—Section 2305a title 10, 

4 United States Code, is amended— 

5 (1) in subsection (d), by striking ‘‘agency deter6 mines with respect to’’ and all that follows through 

7 the period at the end, and inserting the following: 

8 ‘‘head of the agency approves the contracting officer’s 

9 justification that an individual solicitation must have 

10 greater than 5 finalists to be in the Federal Govern11 ment’s interest. The contracting officer must provide 

12 written documentation of how a maximum number of 

13 offerors exceeding 5 is consistent with the purposes 

14 and objectives of the two-phase selection process.’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(g) DESIGN AND CONSTRUCTION CONTRACTS.—Two17 phase selection procedures shall be used for entering into 

18 a contract for the design and construction of a public build19 ing, facility, or work when a contracting officer determines 

20 that the contract has a value of $1,500,000 or greater, as 

21 adjusted for inflation in accordance with section 1908 of 

22 title 41, unless the head of the agency approves the con23 tracting officer’s justification that procedures other than 

24 two-phase selection procedures are in the best interest of the 

25 Federal Government. 


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1 ‘‘(h) REPORTS.—(1) Beginning on the date that is 1 

2 year after the effective date of this subsection, and for each 

3 of the 4 years thereafter, each agency shall submit to the 

4 Comptroller General of the United States and publish in 

5 the Federal Register an annual report regarding all cases 

6 in the preceding year— 

7 ‘‘(A) in which more than 5 finalists were selected 

8 for phase-two requests for competitive proposals; or 

9 ‘‘(B) for a contract that has a value of 

10 $1,500,000 (as adjusted for inflation in accordance 

11 with section 1908 of title 41) or greater for which the 

12 two-phase selection procedures were not used. 

13 ‘‘(2) In the first full fiscal year that is 5 years after 

14 the effective date of this subsection, the Comptroller General 

15 of the United States shall publish a report that, based on 

16 the information provided in the agency reports required 

17 under paragraph (1), analyzes the degree to which agencies 

18 have complied with the requirements of this section.’’. 


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Union Calendar No. 500 

113TH CONGRESS 

2D SESSION H. R. 2750 

[Report No. 113–668] 

A BILL 

To amend title 41, United States Code, to require 

small business concerns, and for other purposes. design-build contracts are suitable for award to the use of two-phase selection procedures when 

DECEMBER 12, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tkelley on DSK3SPTVN1PROD with BILLS