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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1666 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1666

To require the use of two-phase selection procedures when design-build 
      contracts are suitable for award to small business concerns.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2015

  Mr. Graves of Missouri (for himself and Mr. Tiberi) introduced the 
 following bill; which was referred to the Committee on Oversight and 
Government Reform, and in addition to the Committee on Armed Services, 
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 the use of two-phase selection procedures when design-build 
      contracts are suitable for award to small business concerns.

    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 ``Design-Build Efficiency and Jobs Act 
of 2015''.

SEC. 2. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION PROCESS FOR 
              CIVILIAN CONTRACTS.

    Section 3309 of title 41, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Criteria for Use.--
            ``(1) Contracts with a value of at least $750,000.--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.
            ``(2) Contracts with a value less than $750,000.--For 
        projects that a contracting officer determines have a value of 
        less than $750,000, the contracting officer shall make a 
        determination whether two-phase selection procedures are 
        appropriate for use for entering into a contract for the design 
        and construction of a public building, facility, or work when--
                    ``(A) the contracting officer anticipates that 3 or 
                more offers will be received for the contract;
                    ``(B) design work must be performed before an 
                offeror can develop a price or cost proposal for the 
                contract;
                    ``(C) the offeror will incur a substantial amount 
                of expense in preparing the offer; and
                    ``(D) the contracting officer has considered 
                information such as--
                            ``(i) the extent to which the project 
                        requirements have been adequately defined;
                            ``(ii) the time constraints for delivery of 
                        the project;
                            ``(iii) the capability and experience of 
                        potential contractors;
                            ``(iv) the suitability of the project for 
                        use of the two-phase selection procedures;
                            ``(v) the capability of the agency to 
                        manage the two-phase selection process; and
                            ``(vi) other criteria established by the 
                        agency.'';
            (2) by striking the second sentence in subsection (d) and 
        inserting the following: ``The maximum number specified in the 
        solicitation shall not be greater than 5 unless the head of the 
        contracting activity (or a designee of the head who is in a 
        position not lower than the supervisor of the contracting 
        officer) approves the contracting officer's justification with 
        respect to an individual solicitation that a specified number 
        greater than 5 is in the Federal Government's interest. The 
        contracting officer shall provide written documentation of how 
        a maximum number greater than 5 is consistent with the purposes 
        and objectives of the two-phase selection procedures.''; and
            (3) by adding at the end the following new subsection:
    ``(f) Annual Reports.--
            ``(1) In general.--Not later than November 30 of each of 
        the years 2016 through 2020, the head of each agency shall 
        submit to the Director of the Office of Management and Budget 
        an annual report containing each instance in which the agency 
        awarded a design-build contract pursuant to section 3309 of 
        this title, during the preceding fiscal year in which--
                    ``(A) more than 5 finalists were selected for 
                phase-two requests for proposals; or
                    ``(B) the contract was awarded without using two-
                phase selection procedures.
            ``(2) Public availability.--The Director of the Office of 
        Management and Budget shall make available to the public, 
        including on the Internet, the annual reports described in 
        paragraph (1), and publish a notice of the availability of each 
        report in the Federal Register.''.

SEC. 3. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION PROCESS FOR 
              DEFENSE CONTRACTS.

    Section 2305a of title 10, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Criteria for Use.--
            ``(1) Contracts with a value of at least $750,000.--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.
            ``(2) Contracts with a value less than $750,000.--For 
        projects that a contracting officer determines have a value of 
        less than $750,000, the contracting officer shall make a 
        determination whether two-phase selection procedures are 
        appropriate for use for entering into a contract for the design 
        and construction of a public building, facility, or work when--
                    ``(A) the contracting officer anticipates that 3 or 
                more offers will be received for the contract;
                    ``(B) design work must be performed before an 
                offeror can develop a price or cost proposal for the 
                contract;
                    ``(C) the offeror will incur a substantial amount 
                of expense in preparing the offer; and
                    ``(D) the contracting officer has considered 
                information such as--
                            ``(i) the extent to which the project 
                        requirements have been adequately defined;
                            ``(ii) the time constraints for delivery of 
                        the project;
                            ``(iii) the capability and experience of 
                        potential contractors;
                            ``(iv) the suitability of the project for 
                        use of the two-phase selection procedures;
                            ``(v) the capability of the agency to 
                        manage the two-phase selection process; and
                            ``(vi) other criteria established by the 
                        agency.'';
            (2) by striking the second sentence in subsection (d) and 
        inserting the following: ``The maximum number specified in the 
        solicitation shall not be greater than 5 unless the head of the 
        contracting activity (or a designee of the head who is in a 
        position not lower than the supervisor of the contracting 
        officer) approves the contracting officer's justification with 
        respect to an individual solicitation that a specified number 
        greater than 5 is in the Federal Government's interest.''; and
            (3) by adding at the end the following new subsection:
    ``(g) Annual Reports.--
            ``(1) In general.--Not later than November 30 of each of 
        the years 2016 through 2020, the Secretary of Defense shall 
        submit to the Director of the Office of Management and Budget 
        an annual report containing each instance in which the agency 
        awarded a design-build contract pursuant to section 2305a of 
        this title, during the preceding fiscal year in which--
                    ``(A) more than 5 finalists were selected for 
                phase-two requests for proposals; or
                    ``(B) the contract was awarded without using two-
                phase selection procedures.
            ``(2) Public availability.--The Director of the Office of 
        Management and Budget shall make available to the public, 
        including on the Internet, the annual reports described in 
        paragraph (1), and publish a notice of the availability of each 
        report in the Federal Register.''.

SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    Not later than 270 days after November 30, 2020, the Comptroller 
General of the United States shall issue a report analyzing the 
compliance of the various Federal agencies with the requirements of 
subsection (g) of section 2305a of title 10, United States Code (as 
added by subsection (b)(3)) and subsection (f) of section 3309 of title 
41, United States Code (as added by subsection (a)(3)).
                                 <all>
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