I 
109TH CONGRESS 
1ST SESSION 
H. R. 942 
To require government agencies carrying out surface transportation projects 
to conduct a cost-benefit analysis before procuring architectural, engi-
neering, and related services from a private contractor, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005 
Ms. KILPATRICK of Michigan (for herself, Mr. MCDERMOTT, and Ms. NOR-
TON) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committee 
on Government Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require government agencies carrying out surface trans-
portation projects to conduct a cost-benefit analysis be-
fore procuring architectural, engineering, and related 
services from a private contractor, and for other pur-
poses. 
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 ‘‘Safety, Accountability, 
and Funding Efficiency for Transportation Act of 2005’’.
SEC. 2. FINDINGS. 
Congress finds that— 
(1) to ensure that taxpayers receive safe, high 
quality transportation services at the best possible 
price, a government agency carrying out a surface 
transportation project should conduct a cost-benefit 
analysis before procuring architectural, engineering, 
and related services from a private contractor; and 
(2) by conducting the cost-benefit analysis, a 
government agency will be able to determine if it is 
cost effective and in the public interest to use a pri-
vate contractor or government employees in pro-
curing such services. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ARCHITECTURAL, ENGINEERING, AND RE-
LATED
SERVICES.—The term ‘‘architectural, engi-
neering, and related services’’ means architectural, 
landscape architectural, environmental, engineering, 
land surveying, construction project management, 
and construction inspection services and services re-
lated to permitting and environmental studies, the 
preparation of plans, specifications, and estimates, 
and the acquisition of rights-of-way.
(2) PRIVATE
CONTRACT.—The term ‘‘private 
contract’’ means an agreement between a govern-
ment agency and a private contractor. 
(3) GOVERNMENT AGENCY.—The term ‘‘govern-
ment agency’’ means a State, local, regional, inter-
regional, or other governmental entity that receives 
Federal funds to carry out surface transportation 
projects. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(5) SURFACE TRANSPORTATION PROJECT.—The 
term ‘‘surface transportation project’’ means a 
project eligible for assistance under title 23, United 
States Code, a capital project (as defined in section 
5302 of title 49, United States Code), and any other 
project related to surface transportation that the 
Secretary determines appropriate. 
SEC. 4. COST-BENEFIT ANALYSIS. 
(a) IN GENERAL.—For fiscal year 2007 and each fis-
cal year thereafter, Federal funds made available to carry 
out a surface transportation project may be used by a gov-
ernment agency to enter into a private contract of 
$100,000 or more to procure architectural, engineering, 
and related services only if the government agency con-
ducts a cost-benefit analysis for the private contract in 
accordance with the requirements of this section. 
(b) COMPONENTS.—A cost-benefit analysis conducted 
by a government agency for a private contract under sub-
section (a) shall contain, at a minimum, the following: 
(1) A description of the services to be per-
formed under the private contract. 
(2) An estimate of the cost of procuring the 
services under the private contract, including the 
price of the contract, the cost to the government 
agency of negotiating and awarding the contract, 
and the cost to the government agency of inspecting, 
supervising, monitoring, and overseeing the contract. 
(3) An estimate of the cost of having the serv-
ices performed by the government agency (or a gov-
ernment agency assisting such agency), including 
staff salaries and benefits, office facilities and space, 
equipment and materials, and other costs that can 
be reasonably attributed to the performance of the 
services and that would not otherwise be incurred by 
the government agency. 
(4) A determination as to whether the services 
would be procured more quickly by entering into the 
private contract or by having the services performed
by the government agency (or a government agency 
assisting such agency). 
(5) A determination as to whether the govern-
ment agency will provide equipment and materials 
under the private contract and an estimate of the 
cost of any such equipment and materials. 
(6) An estimate of the cost of unemployment 
compensation or other benefits likely to be paid to 
any employees of the government agency displaced 
as a result of the private contract. 
(7) An estimate of the cost to the government 
agency of resuming performance of the service to be 
performed under the private contract. 
SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANAL-
YSIS. 
(a) IN GENERAL.—If, after conducting a cost-benefit 
analysis for a private contract under section 4, a govern-
ment agency finds that the benefits of entering into the 
contract outweigh the costs, the agency shall also prepare 
for the contract the materials required by this section. 
(b) PERFORMANCE HISTORY.—The materials to be 
prepared under subsection (a) shall include a performance 
history of the private contractor. Such history shall in-
clude, at a minimum, the following:
(1) A description of any work performed for the 
government agency by the private contractor in the 
preceding 5-year period or, if such work was not 
performed, a description of any work performed for 
other government agencies by the private contractor 
in such 5-year period. 
(2) With respect to each private contract to 
which paragraph (1) applies, the amount of funds 
originally committed by the government agency 
under the contract and the amount of funds actually 
expended by the government agency under the con-
tract. 
(3) With respect to each private contract to 
which paragraph (1) applies, deadlines originally es-
tablished for all work performed under the contract 
and the actual date or dates on which performance 
of the work was completed. 
(4) Any citations, court findings, or administra-
tive findings against the private contractor for a vio-
lation of applicable Federal, State, and local laws, 
including laws governing environmental protection, 
employee safety and health, labor relations, and 
other employment requirements. 
(5) Documentation to substantiate that the 
qualifications, experience, and expertise of the em-
ployees to be utilized by the private contractor under 
the private contract, including subcontractors, are at 
least equal to that of the government agency employ-
ees who could be providing the services. 
(c) POLITICAL CONTRIBUTION HISTORY.—The mate-
rials to be prepared under subsection (a) shall include a 
political contribution history of the private contractor. 
Such history shall include, at a minimum, a listing of all 
contributions made by the private contractor to political 
parties and candidates for political office in the preceding 
5-year period. 
(d) CERTIFICATION OF PERFORMANCE BOND.—The 
materials to be prepared under subsection (a) shall include 
a certification by the government agency that the agency 
will receive from the private contractor a performance 
bond or similar instrument that ensures the performance 
of the contractor under the private contract. 
SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANAL-
YSIS. 
If, after conducting a cost-benefit analysis for a pri-
vate contract under section 4 and preparing the accom-
panying materials under section 5, a government agency 
finds that it is in the public interest to enter into the con-
tract, the agency shall, at least 30 days before entering 
into the contract—
(1) submit the results and accompanying mate-
rials to the Secretary for review; 
(2) provide the results and accompanying mate-
rials to any individual or entity that registers with 
the agency to receive the results; and 
(3) make the results and accompanying mate-
rials available for public inspection, including publi-
cation of the results on the Internet. 
SEC. 7. COMMENTS. 
In the 15-day period following the date of publication 
by a government agency of the results of a cost-benefit 
analysis for a private contract under section 4— 
(1) employees of the agency and other inter-
ested parties may submit to the agency written com-
ments refuting the accuracy of results; and 
(2) employees of the agency may submit to the 
agency a competitive bid to provide the services that 
would otherwise be performed under the contract. 
SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRI-
TERIA. 
In procuring architectural, engineering, and related 
services from private sources using Federal funds as part 
of a surface transportation project, a government agency 
shall use the procedures for procuring architectural and 
engineering services under chapter 11 of title 40, United
States Code, or equivalent State qualifications-based re-
quirements. 
SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK. 
Upon the request of a government agency, the Sec-
retary may waive the application of this Act with respect 
to a private contract if the Secretary determines that the 
government agency cannot perform the work to be con-
ducted under the contract with existing or additional gov-
ernment employees because the work is of an emergency, 
specialty, or intermittent nature and would likely cause 
regular periods of underutilization of government employ-
ees. 
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