I 

113TH CONGRESS 

1ST SESSION H. R. 2750 

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 

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. 

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’’. 


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1 SEC. 2. DESIGN-BUILD SELECTION PROCEDURES. 

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

3 amended— 

4 (1) in subsection (d) by striking ‘‘agency deter5 mines with respect to’’ and all that follows through 

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

7 ‘‘the head of the agency approves the contracting of8 ficer’s justification that an individual solicitation 

9 must have greater than 5 finalists to be in the Fed10 eral Government’s interest. The contracting officer 

11 must provide written documentation of how a max12 imum number of offerors exceeding 5 is consistent 

13 with the purposes and objectives of the two-phase se14 lection process.’’; and 

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

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

17 Two-phase selection procedures shall be used for entering 

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

19 building, facility, or work when a contracting officer deter20 mines that the contract has a value of $750,000 or great21 er, as adjusted for inflation in accordance with section 

22 1908 of title 41, United States Code. 

23 ‘‘(g) REPORTS.— 

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

25 that is 1 year after the effective date of this sub26 section, and for each of the 4 years thereafter, each 


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1 agency shall submit to the Comptroller General of 

2 the United States and publish in the Federal Reg3 ister, an annual report regarding all cases in the 

4 preceding year in which— 

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

6 for phase-two requests for competitive pro7 posals; or 

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

9 $750,000 (as adjusted for inflation in accord10 ance with section 1908 of title 41, United 

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

12 selection procedures was not used. 

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

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

15 subsection, the Comptroller General of the United 

16 States shall publish a report that, based on the in17 formation provided in the agency reports required 

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

19 agencies have complied with the requirements of this 

20 section.’’. 

Æ 


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