II 

113TH CONGRESS 

2D SESSION S. 2652 

To improve the design-build process in Federal contracting. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2014 

Mrs. FISCHER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve the design-build process in Federal contracting. 

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

3 SECTION 1. DESIGN-BUILD CONSTRUCTION PROCESS IM4 PROVEMENT. 

5 (a) CIVILIAN CONTRACTS.—Section 3309 of title 41, 

6 United States Code, is amended— 

7 (1) in subsection (d), by striking ‘‘The max8 imum number specified in the solicitation shall not 

9 exceed 5 unless the agency determines with respect 

10 to’’ and all that follows through the period at the 

11 end and inserting the following: ‘‘The maximum 

12 number specified in the solicitation shall not exceed 


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1 5 unless the head of the contracting activity ap2 proves the contracting officer’s justification that an 

3 individual solicitation must have greater than 5 fi4 nalists to be in the Federal Government’s interest. 

5 The contracting officer shall provide written docu6 mentation of how a maximum number of offerors ex7 ceeding 5 is consistent with the purposes and objec8 tives of the two-phase selection process.’’; and 

9 (2) by adding at the end the following new sub10 section: 

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

12 Two-phase selection procedures shall be used for entering 

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

14 building, facility, or work when a contracting officer deter15 mines that the contract has a value of $750,000 or great16 er, as adjusted for inflation in accordance with section 

17 1908 of title 41, United States Code.’’. 

18 (b) DEFENSE CONTRACTS.—Section 2305a(d) of title 

19 10, United States Code, is amended— 

20 (1) in subsection (d) by striking ‘‘The max21 imum number specified in the solicitation shall not 

22 exceed 5 unless the agency determines with respect 

23 to’’ and all that follows through the period at the 

24 end and inserting the following: ‘‘The maximum 

25 number specified in the solicitation shall not exceed 


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1 5 unless the head of the agency contracting activity 

2 approves the contracting officers justification that 

3 an individual solicitation must have greater than 5 

4 finalists to be in the Federal Government’s interest. 

5 The contracting officer shall provide written docu6 mentation of how a maximum number of offerors ex7 ceeding 5 is consistent with the purposes and objec8 tives of the two-phase selection process.’’; and 

9 (2) by adding at the end the following new sub10 section: 

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

12 Two-phase selection procedures shall be used for entering 

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

14 building, facility, or work when a contracting officer deter15 mines that the contract has a value of $750,000 or great16 er, as adjusted for inflation in accordance with section 

17 1908 of title 41, United States Code.’’. 

18 (c) REPORTS.— 

19 (1) REPORTS REGARDING AGENCY ACTIONS.— 

20 (A) IN GENERAL.—There shall be compiled 

21 for each executive agency an annual report of 

22 each instance in which the agency awarded a 

23 design-build contract pursuant to section 3309 

24 of title 41, United States Code, or section 


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1 2305a(d) of title 10, United States Code, as 

2 amended by this Act, in which— 

3 (i) more than 5 finalists were selected 

4 for phase-two requests for competitive pro5 posals; or 

6 (ii) the contract was awarded without 

7 using two-phase selection procedures. 

8 (B) RESPONSIBILITY.—The Director of the 

9 Office of Management and Budget shall des10 ignate the head of each executive agency to 

11 serve as executive agent for the compilation of 

12 the report required by subparagraph (A) and to 

13 facilitate public access to the report through 

14 electronic means. A notice of the availability of 

15 each report shall be published in the Federal 

16 Register. 

17 (C) DEADLINE.—The first report shall in18 clude reportable instances during the fiscal year 

19 that includes the date of enactment of this Act. 

20 Additional reports shall be issued for the subse21 quent 4 fiscal years. Each report shall be issued 

22 within 60 days after the end of the fiscal year 

23 covered by the report. 

24 (2) GAO REPORT.—Not later than 270 days 

25 after the deadline for the final report required under 


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1 paragraph (1), the Comptroller General of the 

2 United States shall issue a report analyzing the 

3 compliance of the various executive agencies in com4 plying with the requirements of section 3309 of title 

5 41, United States Code, and section 2305a(d) of 

6 title 10, United States Code, as applicable, as 

7 amended by this section. 

8 (3) EXECUTIVE AGENCY DEFINED.—In this 

9 subsection, the term ‘‘executive agency’’ has the 

10 meaning given the term in section 133 of title 41, 

11 United States Code. 

Æ 


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