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) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Government Reform 
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. 
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’’. 
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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-
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 
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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 
agencies have complied with the requirements of this 
section.’’. 
Æ 
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