In the Senate of the United States,
September 28, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 2779) entitled ‘‘An Act to provide for appropriate
implementation of the Metric Conversion Act of 1975 in Fed-
eral construction projects, and for other purposes.’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Savings in Construction
Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Metric Conversion Act of 1975 was en-
acted in order to set forth the policy of the United
States to convert to the metric system. Section 3 of
that Act requires that each Federal agency use the
metric system of measurements in its procurement,
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grants, and other business-related activities, unless
that use is likely to cause significant cost or loss of
markets to United States firms, such as when foreign
competitors are producing competing products in
non-metric units.
(2) In accordance with that Act and Executive
Order 12770, of July 25, 1991, Federal agencies in-
creasingly construct new Federal buildings in round
metric dimensions. As a result, companies that wish
to bid on Federal construction projects increasingly
are asked to supply materials or products in round
metric dimensions.
(3) While the Metric Conversion Act of 1975 cur-
rently provides an exemption to metric usage when
impractical or when such usage will cause economic
inefficiencies, amendments are warranted to ensure
that the use of specific metric components in metric
construction projects do not increase the cost of Fed-
eral buildings to the taxpayers.
SEC. 3. DEFINITIONS.
Section 4 of the Metric Conversion Act of 1975 (15
U.S.C. 205c) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
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(2) by striking ‘‘Commerce.’’ in paragraph (4)
and inserting ‘‘Commerce;’’; and
(3) by inserting after paragraph (4) the follow-
ing:
‘‘(5) ‘full and open competition’ has the same
meaning as defined in section 403(6) of title 41,
United States Code;
‘‘(6) ‘total installed price’ means the price of
purchasing a product or material, trimming or other-
wise altering some or all of that product or material,
if necessary to fit with other building components,
and then installing that product or material into a
Federal facility;
‘‘(7) ‘hard-metric’ means measurement, design,
and manufacture using the metric system of measure-
ment, but does not include measurement, design, and
manufacture using English system measurement units
which are subsequently reexpressed in the metric sys-
tem of measurement;
‘‘(8) ‘cost or pricing data or price analysis’ has
the meaning given such terms in section 304A of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254b); and
‘‘(9) ‘Federal facility’ means any public building
(as defined under section 13 of the Public Buildings
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Act of 1959 (40 U.S.C. 612) and shall include any
Federal building or construction project—
‘‘(A) on lands in the public domain;
‘‘(B) on lands used in connection with Fed-
eral programs for agriculture research, recre-
ation, and conservation programs;
‘‘(C) on or used in connection with river,
harbor, flood control, reclamation, or power
projects;
‘‘(D) on or used in connection with housing
and residential projects;
‘‘(E) on military installations (including
any fort, camp, post, naval training station, air-
field, proving ground, military supply depot,
military school, or any similar facility of the
Department of Defense);
‘‘(F) on installations of the Department of
Veteran Affairs used for hospital or domiciliary
purposes; or
‘‘(G) on lands used in connection with Fed-
eral prisons,
but does not include (i) any Federal Building or con-
struction project the exclusion of which the President
deems to be justified in the public interest, or (ii) any
construction project or building owned or controlled
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of 1949, then the provisions of 2377 or 314B shall take prec-
edence.
‘‘(b) CONCRETE MASONRY UNITS.—In carrying out
the policy set forth in section 3 (with particular emphasis
on the policy set forth in paragraph (2) of that section)
a Federal agency may require that specifications for the
acquisition of structures or systems of concrete masonry be
expressed under the metric system of measurement, but may
not incorporate specifications, that can only be satisfied by
hard-metric versions of concrete masonry units, in a solici-
tation for design or construction of a Federal facility within
the United States or its territories, or a portion of said Fed-
eral facility, unless the head of the agency determines in
writing that—
‘‘(1) hard-metric specifications are necessary in
a contract for the repair or replacement of parts of
Federal facilities in existence or under construction
upon the effective date of the Savings in Construction
Act of 1996; or
‘‘(2) the following 2 criteria are met:
‘‘(A) the application requires hard-metric
concrete masonry units to coordinate dimension-
ally into 100 millimeter building modules; and
‘‘(B) the total installed price of hard-metric
concrete masonry units is estimated to be equal
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to or less than the total installed price of using
non-hard-metric concrete masonry units. Total
installed price estimates shall be based, to the ex-
tent available, on cost or pricing data or price
analysis, using actual hard-metric and non-
hard-metric offers received for comparable exist-
ing projects. The head of the agency shall include
in the writing required in this subsection an ex-
planation of the factors used to develop the price
estimates.
‘‘(c) RECESSED LIGHTING FIXTURES.—In carrying
out the policy set forth in section 3 (with particular empha-
sis on the policy set forth in paragraph (2) of that section)
a Federal agency may require that specifications for the
acquisition of structures or systems of recessed lighting fix-
tures be expressed under the metric system of measurement,
but may not incorporate specifications, that can only be
satisfied by hard-metric versions of recessed lighting fix-
tures, in a solicitation for design or construction of a Fed-
eral facility within the United States or its territories un-
less the head of the agency determines in writing that—
‘‘(1) the predominant voluntary industry consen-
sus standards include the use of hard-metric for the
items specified; or
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‘‘(2) hard-metric specifications are necessary in
a contract for the repair or replacement of parts of
Federal facilities in existence or under construction
upon the effective date of the Savings in Construction
Act of 1996; or
‘‘(3) the following 2 criteria are met:
‘‘(A) the application requires hard-metric
recessed lighting fixtures to coordinate dimen-
sionally into 100 millimeter building modules;
and
‘‘(B) the total installed price of hard-metric
recessed lighting fixtures is estimated to be equal
to or less than the total installed price of using
non-hard-metric recessed lighting fixtures. Total
installed price estimates shall be based, to the ex-
tent available, on cost or pricing data or price
analysis, using actual hard-metric and non-
hard-metric offers received for comparable exist-
ing projects. The head of the agency shall include
in the writing required in this subsection an ex-
planation of the factors used to develop the price
estimates.
‘‘(d) LIMITATION.—The provisions of subsections (b)
and (c) of this section shall not apply to Federal contracts
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to acquire construction products for the construction of fa-
cilities outside of the United States and its territories.
‘‘(e) EXPIRATION.—The provisions contained in sub-
sections (b) and (c) of this section shall expire 10 years from
the effective date of the Savings in Construction Act of
1996.’’.
SEC. 5. OMBUDSMAN.
Section 14 of the Metric Conversion Act of 1975, as
added by section 4 of this Act, is further amended by adding
at the end the following new subsection:
‘‘(f) AGENCY OMBUDSMAN.—(1) The head of each exec-
utive agency that awards construction contracts within the
United States and its territories shall designate a senior
agency official to serve as a construction metrication om-
budsman who shall be responsible for reviewing and re-
sponding to complaints from prospective bidders, sub-
contractors, suppliers, or their designated representatives
related to—
‘‘(A) guidance or regulations issued by the agen-
cy on the use of the metric system of measurement in
contracts for the construction of Federal buildings;
and
‘‘(B) the use of the metric system of measurement
for services and materials required for incorporation
in individual projects to construct Federal buildings.
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The construction metrication ombudsman shall be inde-
pendent of the contracting officer for construction contracts.
‘‘(2) The ombudsman shall be responsible for ensuring
that the agency is not implementing the metric system of
measurement in a manner that is impractical or is likely
to cause significant inefficiencies or loss of markets to Unit-
ed States firms in violation of the policy stated in section
3(2), or is otherwise inconsistent with guidance issued by
the Secretary of Commerce in consultation with the Inter-
agency Council on Metric Policy while ensuring that the
goals of the Metric Conversion Act of 1975 are observed.
‘‘(3) The ombudsman shall respond to each complaint
in writing within 60 days and make a recommendation to
the head of the executive agency for an appropriate resolu-
tion thereto. In such a recommendation, the ombudsman
shall consider—
‘‘(A) whether the agency is adequately applying
the policies and procedures in this section;
‘‘(B) whether the availability of hard-metric
products and services from United States firms is suf-
ficient to ensure full and open competition; and
‘‘(C) the total installed price to the Federal Gov-
ernment.
‘‘(4) After the head of the agency has rendered a deci-
sion regarding a recommendation of the ombudsman, the
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ombudsman shall be responsible for communicating the de-
cision to all appropriate policy, design, planning, procure-
ment, and notifying personnel in the agency. The ombuds-
man shall conduct appropriate monitoring as required to
ensure the decision is implemented, and may submit further
recommendations, as needed. The head of the agency’s deci-
sion on the ombudsman’s recommendations, and any sup-
porting documentation, shall be provided to affected parties
and made available to the public in a timely manner.
‘‘(5) Nothing in this section shall be construed to su-
persede the bid protest process established under subchapter
V of chapter 35 of title 31, United States Code.’’.
SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVI-
SIONS.
(a) EFFECTIVE DATE.—This Act and the amendments
made by this Act shall take effect 90 days after the date
of enactment of this Act.
(b) SAVINGS PROVISIONS.—This Act shall not apply
to contracts awarded and solicitations issued on or before
the effective date of this Act, unless the head of a Federal
agency makes a written determination in his or her sole
discretion that it would be in the public interest to apply
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one or more provisions of this Act or its amendments to
these existing contracts or solicitations.
Attest:
Secretary.