SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Savings in Construc-
tion 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,
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 for-
eign 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
currently provides an exemption to metric usage
when impractical or when such usage will cause eco-
nomic inefficiencies, amendments are warranted to
ensure that the use of specific metric components in
metric construction projects do not increase the cost
of Federal 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);
(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 oth-
erwise altering some or all of that product or mate-
rial, if necessary to fit with other building compo-
nents, and then installing that product or material
into a Federal facility;
‘‘(7) ‘hard-metric’ means measurement, design,
and manufacture using the metric system of meas-
urement, but does not include measurement, design,
and manufacture using English system measurement
units which are subsequently reexpressed in the met-
ric system 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
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
Federal programs for agriculture research,
recreation, 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 hous-
ing 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
Federal prisons,
but does not include (i) any Federal Building or con-
struction project the exclusion of which the Presi-
dent deems to be justified in the public interest, or
(ii) any construction project or building owned or
controlled by a State government, local government,
Indian tribe, or any private entity.’’.
SEC. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL
FACILITIES.
(a) The Metric Conversion Act of 1975 (15 U.S.C.
205 et sec.) is amended by inserting after section 13 the
following new section:
‘‘SEC. 14. IMPLEMENTATION IN ACQUISITION OF CON-
STRUCTION SERVICES AND MATERIALS FOR
FEDERAL FACILITIES.
‘‘(a) IN GENERAL.—Construction services and mate-
rials for Federal facilities shall be procured in accordance
with the policies and procedures set forth in chapter 137
of title 10, United States Code, section 2377 of title 10,
United States Code, title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.), and section 3(2) of this Act. Determination of a de-
sign method shall be based upon preliminary market re-
search as required under section 2377(c) of title 10, Unit-
ed States Code, and section 314B(c) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C.
264b(c)). If the requirements of this Act conflict with the
provisions of section 2377 of title 10, United States Code,
or section 314B of the Federal Property and Administra-
tive Services Act of 1949, then the provisions of 2377 or
314B shall take precedence.
‘‘(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 satis-
fied by hard-metric versions of concrete masonry units, in
a solicitation for design or construction of a Federal facil-
ity within the United States or its territories, or a portion
of said Federal facility, unless the head of the agency de-
termines 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 Construc-
tion Act of 1996; or
‘‘(2) the following 2 criteria are met:
‘‘(A) the application requires hard-metric
concrete masonry units to coordinate dimen-
sionally into 100 millimeter building modules;
and
‘‘(B) the total installed price of hard-met-
ric concrete masonry units is estimated to be
equal 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 extent available, on cost or pricing data or
price analysis, using actual hard-metric and
non-hard-metric offers received for comparable
existing projects. The head of the agency shall
include in the writing required in this sub-
section an explanation of the factors used to de-
velop the price estimates.
‘‘(c) RECESSED LIGHTING FIXTURES.—In carrying
out the policy set forth in section 3 (with particular em-
phasis 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 fixtures 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 fixtures, in a solicitation for design or construc-
tion of a Federal facility within the United States or its
territories unless the head of the agency determines in
writing that—
‘‘(1) the predominant voluntary industry con-
sensus standards include the use of hard-metric for
the items specified; or
‘‘(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 Construc-
tion 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-met-
ric recessed lighting fixtures is estimated to be
equal to or less than the total installed price of
using non-hard-metric recessed lighting fix-
tures. Total installed price estimates shall be
based, to the extent available, on cost or pricing
data or price analysis, using actual hard-metric
and non-hard-metric offers received for com-
parable existing projects. The head of the agen-
cy shall include in the writing required in this
subsection an explanation 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
to acquire construction products for the construction of
facilities 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 add-
ing at the end the following new subsection:
‘‘(f) AGENCY OMBUDSMAN.—(1) The head of each
executive agency that awards construction contracts with-
in the United States and its territories shall designate a
senior agency official to serve as a construction
metrication ombudsman who shall be responsible for re-
viewing and responding to complaints from prospective
bidders, subcontractors, suppliers, or their designated rep-
resentatives related to—
‘‘(A) guidance or regulations issued by the
agency on the use of the metric system of measure-
ment in contracts for the construction of Federal
buildings; and
‘‘(B) the use of the metric system of measure-
ment for services and materials required for incorpo-
ration in individual projects to construct Federal
buildings.
The construction metrication ombudsman shall be inde-
pendent of the contracting officer for construction con-
tracts.
‘‘(2) The ombudsman shall be responsible for ensur-
ing 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
United States firms in violation of the policy stated in sec-
tion 3(2), or is otherwise inconsistent with guidance issued
by the Secretary of Commerce in consultation with the
Interagency Council on Metric Policy while ensuring that
the goals of the Metric Conversion Act of 1975 are ob-
served.
‘‘(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
sufficient to ensure full and open competition; and
‘‘(C) the total installed price to the Federal
Government.
‘‘(4) After the head of the agency has rendered a de-
cision regarding a recommendation of the ombudsman, the
ombudsman shall be responsible for communicating the
decision to all appropriate policy, design, planning, pro-
curement, and notifying personnel in the agency. The om-
budsman 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 decision on the ombudsman’s recommendations,
and any supporting documentation, shall be provided to
affected parties and made available to the public in a time-
ly manner.
‘‘(5) Nothing in this section shall be construed to su-
persede the bid protest process established under sub-
chapter 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 amend-
ments 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
one or more provisions of this Act or its amendments to
these existing contracts or solicitations.
Passed the House of Representatives September 28,
1996.
Attest:
Clerk.