IB 
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) intro-
duced the following bill; which was referred to the Committee on Over-
sight 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 con-
tracts are suitable for award to small business concerns, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Design-Build Effi-
ciency and Jobs Act of 2013’’. 
SEC. 2. DESIGN-BUILD SELECTION PROCEDURES. 
Section 3309 of title 41, United States Code, is 
amended— 
(1) in subsection (d) by striking ‘‘agency deter-
mines with respect to’’ and all that follows through 
the period at the end, and inserting the following: 
‘‘the head of the agency approves the contracting of-
ficer’s justification that an individual solicitation 
must have greater than 5 finalists to be in the Fed-
eral Government’s interest. The contracting officer 
must provide written documentation of how a max-
imum number of offerors exceeding 5 is consistent 
with the purposes and objectives of the two-phase se-
lection process.’’; and 
(2) by adding at the end the following: 
‘‘(f) DESIGN
AND CONSTRUCTION CONTRACTS.— 
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 deter-
mines that the contract has a value of $750,000 or great-
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er, as adjusted for inflation in accordance with section 
1908 of title 41, United States Code. 
‘‘(g) REPORTS.— 
‘‘(1) AGENCY REPORTS.—Beginning on the date 
that is 1 year after the effective date of this sub-
section, and for each of the 4 years thereafter, each 
agency shall submit to the Comptroller General of 
the United States and publish in the Federal Reg-
ister, an annual report regarding all cases in the 
preceding year in which— 
‘‘(A) more than 5 finalists were selected 
for phase-two requests for competitive pro-
posals; or 
‘‘(B) for a contract that has a value of 
$750,000 (as adjusted for inflation in accord-
ance with section 1908 of title 41, United 
States Code) or greater for which the two-phase 
selection procedures was not used. 
‘‘(2) GAO
REPORT.—On the first full fiscal 
year that is 5 years after the effective date of this 
subsection, the Comptroller General of the United 
States shall publish a report that, based on the in-
formation provided in the agency reports required 
under paragraph (1), analyzes the degree to which 
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agencies have complied with the requirements of this 
section.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Design-Build Efficiency 
and Jobs Act of 2014’’. 
SEC. 2. DESIGN-BUILD SELECTION PROCEDURES. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 3309 of 
title 41, United States Code, is amended— 
(1) in subsection (d), by striking ‘‘agency deter-
mines with respect to’’ and all that follows through 
the period at the end, and inserting the following: 
‘‘head of the agency approves the contracting officer’s 
justification that an individual solicitation must have 
greater than 5 finalists to be in the Federal Govern-
ment’s interest. The contracting officer must provide 
written documentation of how a maximum number of 
offerors exceeding 5 is consistent with the purposes 
and objectives of the two-phase selection process.’’; and 
(2) by adding at the end the following: 
‘‘(f) DESIGN AND CONSTRUCTION CONTRACTS.—Two- 
phase selection procedures shall be used for entering into 
a contract for the design and construction of a public build-
ing, facility, or work when a contracting officer determines 
that the contract has a value of $1,500,000 or greater, as 
adjusted for inflation in accordance with section 1908 of 
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this title, unless the head of the agency approves the con-
tracting officer’s justification that procedures other than 
two-phase selection procedures are in the best interest of the 
Federal Government. 
‘‘(g) REPORTS.— 
‘‘(1) AGENCY REPORTS.—Beginning on the date 
that is 1 year after the effective date of this sub-
section, and for each of the 4 years thereafter, each 
agency shall submit to the Comptroller General of the 
United States and publish in the Federal Register an 
annual report regarding all cases in the preceding 
year— 
‘‘(A) in which more than 5 finalists were se-
lected for phase-two requests for competitive pro-
posals; or 
‘‘(B) for a contract that has a value of 
$1,500,000 (as adjusted for inflation in accord-
ance with section 1908 of this title) or greater for 
which the two-phase selection procedures were 
not used. 
‘‘(2) GAO REPORT.—In the first full fiscal year 
that is 5 years after the effective date of this sub-
section, the Comptroller General of the United States 
shall publish a report that, based on the information 
provided in the agency reports required under para-
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graph (1), analyzes the degree to which agencies have 
complied with the requirements of this section.’’. 
(b) DEFENSE CONTRACTS.—Section 2305a title 10, 
United States Code, is amended— 
(1) in subsection (d), by striking ‘‘agency deter-
mines with respect to’’ and all that follows through 
the period at the end, and inserting the following: 
‘‘head of the agency approves the contracting officer’s 
justification that an individual solicitation must have 
greater than 5 finalists to be in the Federal Govern-
ment’s interest. The contracting officer must provide 
written documentation of how a maximum number of 
offerors exceeding 5 is consistent with the purposes 
and objectives of the two-phase selection process.’’; and 
(2) by adding at the end the following: 
‘‘(g) DESIGN AND CONSTRUCTION CONTRACTS.—Two- 
phase selection procedures shall be used for entering into 
a contract for the design and construction of a public build-
ing, facility, or work when a contracting officer determines 
that the contract has a value of $1,500,000 or greater, as 
adjusted for inflation in accordance with section 1908 of 
title 41, unless the head of the agency approves the con-
tracting officer’s justification that procedures other than 
two-phase selection procedures are in the best interest of the 
Federal Government. 
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