H. R. 2779
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for appropriate implementation of the Metric Conversion Act of 1975
in Federal construction projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 enacted 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 foreign competi-
tors are producing competing products in non-metric units.
(2) In accordance with that Act and Executive Order 12770,
of July 25, 1991, Federal agencies increasingly 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 economic inefficiencies, amend-
ments 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 following:
‘‘(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 otherwise altering some
or all of that product or material, if necessary to fit with
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other building components, and then installing that product
or material into a Federal facility;
‘‘(7) ‘hard-metric’ means measurement, design, and manu-
facture using the metric system of measurement, but does
not include measurement, design, and manufacture using Eng-
lish system measurement units which are subsequently re-
expressed in the metric 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 pro-
grams;
‘‘(C) on or used in connection with river, harbor, flood
control, reclamation, or power projects;
‘‘(D) on or used in connection with housing and residen-
tial projects;
‘‘(E) on military installations (including any fort, camp,
post, naval training station, airfield, proving ground, mili-
tary 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 construction
project the exclusion of which the President deems to be justi-
fied 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 seq.)
is amended by inserting after section 13 the following new section:
‘‘SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION
SERVICES AND MATERIALS FOR FEDERAL FACILITIES.
‘‘(a) IN GENERAL.—Construction services and materials for Fed-
eral 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 design method shall be based upon preliminary market research
as required under section 2377(c) of title 10, United States Code,
and section 314B(c) of the Federal Property 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
Administrative 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
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that specifications for the acquisition of structures or systems of
concrete masonry be expressed under the metric system of measure-
ment, but may not incorporate specifications, that can only be
satisfied by hard-metric versions of concrete masonry units, in
a solicitation for design or construction of a Federal facility within
the United States or its territories, or a portion of said Federal
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 dimensionally into 100 milli-
meter building modules; and
‘‘(B) the total installed price of hard-metric 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 subsection an explanation 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 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
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 fix-
tures, in a solicitation for design or construction 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 
consensus
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 Construction Act of 1996; or
‘‘(3) the following 2 criteria are met:
‘‘(A) the application requires hard-metric recessed
lighting fixtures to coordinate dimensionally into 100 milli-
meter 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 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 subsection an explanation of the factors used to
develop the price estimates.
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‘‘(d) LIMITATION.—The provisions of subsections (b) and (c) of
this section shall not apply to Federal contracts to acquire construc-
tion products for the construction of facilities outside of the United
States and its territories.
‘‘(e) EXPIRATION.—The provisions contained in subsections (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 executive
agency that awards construction contracts within the United States
and its territories shall designate a senior agency official to serve
as a construction metrication ombudsman who shall be responsible
for reviewing and responding to complaints from prospective bid-
ders, subcontractors, suppliers, or their designated representatives
related to—
‘‘(A) guidance or regulations issued by the agency 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.
The construction metrication ombudsman shall be independent 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 United 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 Interagency 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 resolution 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 decision
regarding a recommendation of the ombudsman, the ombudsman
shall be responsible for communicating the decision to all appro-
priate policy, design, planning, procurement, and notifying person-
nel in the agency. The ombudsman shall conduct appropriate mon-
itoring 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 timely manner.
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‘‘(5) Nothing in this section shall be construed to supersede
the bid protest process established under subchapter V of chapter
35 of title 31, United States Code.’’.
SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVISIONS.
(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 one or more provisions of this Act
or its amendments to these existing contracts or solicitations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.