I 
114TH CONGRESS 
1ST SESSION H. R. 1666 
To require the use of two-phase selection procedures when design-build 
contracts are suitable for award to small business concerns. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2015 
Mr. GRAVES of Missouri (for himself and Mr. TIBERI) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform, and in addition to the Committee on Armed Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To require the use of two-phase selection procedures when 
design-build contracts are suitable for award to small 
business concerns. 
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 2015’’. 
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SEC. 2. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUC-
TION PROCESS FOR CIVILIAN CONTRACTS. 
Section 3309 of title 41, United States Code, is 
amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CRITERIA FOR USE.— 
‘‘(1) CONTRACTS WITH A VALUE OF AT LEAST 
$750,000.—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 determines that the con-
tract has a value of $750,000 or greater. 
‘‘(2) CONTRACTS WITH A VALUE LESS THAN 
$750,000.—For projects that a contracting officer de-
termines have a value of less than $750,000, the 
contracting officer shall make a determination 
whether two-phase selection procedures are appro-
priate for use for entering into a contract for the de-
sign and construction of a public building, facility, 
or work when— 
‘‘(A) the contracting officer anticipates 
that 3 or more offers will be received for the 
contract; 
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‘‘(B) design work must be performed be-
fore an offeror can develop a price or cost pro-
posal for the contract; 
‘‘(C) the offeror will incur a substantial 
amount of expense in preparing the offer; and 
‘‘(D) the contracting officer has considered 
information such as— 
‘‘(i) the extent to which the project re-
quirements have been adequately defined; 
‘‘(ii) the time constraints for delivery 
of the project; 
‘‘(iii) the capability and experience of 
potential contractors; 
‘‘(iv) the suitability of the project for 
use of the two-phase selection procedures; 
‘‘(v) the capability of the agency to 
manage the two-phase selection process; 
and 
‘‘(vi) other criteria established by the 
agency.’’; 
(2) by striking the second sentence in sub-
section (d) and inserting the following: ‘‘The max-
imum number specified in the solicitation shall not 
be greater than 5 unless the head of the contracting 
activity (or a designee of the head who is in a posi-
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tion not lower than the supervisor of the contracting 
officer) approves the contracting officer’s justifica-
tion with respect to an individual solicitation that a 
specified number greater than 5 is in the Federal 
Government’s interest. The contracting officer shall 
provide written documentation of how a maximum 
number greater than 5 is consistent with the pur-
poses and objectives of the two-phase selection pro-
cedures.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(f) ANNUAL REPORTS.— 
‘‘(1) IN GENERAL.—Not later than November 
30 of each of the years 2016 through 2020, the head 
of each agency shall submit to the Director of the 
Office of Management and Budget an annual report 
containing each instance in which the agency award-
ed a design-build contract pursuant to section 3309 
of this title, during the preceding fiscal year in 
which— 
‘‘(A) more than 5 finalists were selected 
for phase-two requests for proposals; or 
‘‘(B) the contract was awarded without 
using two-phase selection procedures. 
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‘‘(2) PUBLIC AVAILABILITY.—The Director of 
the Office of Management and Budget shall make 
available to the public, including on the Internet, the 
annual reports described in paragraph (1), and pub-
lish a notice of the availability of each report in the 
Federal Register.’’. 
SEC. 3. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUC-
TION PROCESS FOR DEFENSE CONTRACTS. 
Section 2305a of title 10, United States Code, is 
amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) CRITERIA FOR USE.— 
‘‘(1) CONTRACTS WITH A VALUE OF AT LEAST 
$750,000.—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 determines that the con-
tract has a value of $750,000 or greater. 
‘‘(2) CONTRACTS WITH A VALUE LESS THAN 
$750,000.—For projects that a contracting officer de-
termines have a value of less than $750,000, the 
contracting officer shall make a determination 
whether two-phase selection procedures are appro-
priate for use for entering into a contract for the de-
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sign and construction of a public building, facility, 
or work when— 
‘‘(A) the contracting officer anticipates 
that 3 or more offers will be received for the 
contract; 
‘‘(B) design work must be performed be-
fore an offeror can develop a price or cost pro-
posal for the contract; 
‘‘(C) the offeror will incur a substantial 
amount of expense in preparing the offer; and 
‘‘(D) the contracting officer has considered 
information such as— 
‘‘(i) the extent to which the project re-
quirements have been adequately defined; 
‘‘(ii) the time constraints for delivery 
of the project; 
‘‘(iii) the capability and experience of 
potential contractors; 
‘‘(iv) the suitability of the project for 
use of the two-phase selection procedures; 
‘‘(v) the capability of the agency to 
manage the two-phase selection process; 
and 
‘‘(vi) other criteria established by the 
agency.’’; 
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(2) by striking the second sentence in sub-
section (d) and inserting the following: ‘‘The max-
imum number specified in the solicitation shall not 
be greater than 5 unless the head of the contracting 
activity (or a designee of the head who is in a posi-
tion not lower than the supervisor of the contracting 
officer) approves the contracting officer’s justifica-
tion with respect to an individual solicitation that a 
specified number greater than 5 is in the Federal 
Government’s interest.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(g) ANNUAL REPORTS.— 
‘‘(1) IN GENERAL.—Not later than November 
30 of each of the years 2016 through 2020, the Sec-
retary of Defense shall submit to the Director of the 
Office of Management and Budget an annual report 
containing each instance in which the agency award-
ed a design-build contract pursuant to section 2305a 
of this title, during the preceding fiscal year in 
which— 
‘‘(A) more than 5 finalists were selected 
for phase-two requests for proposals; or 
‘‘(B) the contract was awarded without 
using two-phase selection procedures. 
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‘‘(2) PUBLIC AVAILABILITY.—The Director of 
the Office of Management and Budget shall make 
available to the public, including on the Internet, the 
annual reports described in paragraph (1), and pub-
lish a notice of the availability of each report in the 
Federal Register.’’. 
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 
Not later than 270 days after November 30, 2020, 
the Comptroller General of the United States shall issue 
a report analyzing the compliance of the various Federal 
agencies with the requirements of subsection (g) of section 
2305a of title 10, United States Code (as added by sub-
section (b)(3)) and subsection (f) of section 3309 of title 
41, United States Code (as added by subsection (a)(3)). 
Æ 
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