Savings in Construction Act of 1996
PL 104-289 (H.R.2779), enacted 10/11/1996

PUBLIC LAW 104-289—OCT. 11, 1996 
110 STAT. 3411 
Public Law 104-289 
104th Congress 
An Act 
To provide for appropriate implementation of the Metric Conversion Act of 1975 
Oct. 11, 1996 
in Federal construction projects, and for other purposes. 
[H.R. 2779] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Savings in 
Construction Act 
SECTION 1. SHORT TITLE. 
of 1996. 
This Act may be cited as the "Savings in Construction Act note 
of 1996". 
SEC. 2. FINDINGS. 
15 USC 205a 
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. DEFINrnONS. 
Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 
205c) is sunended— 
(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 
110 STAT. 3412 
PUBLIC LAW 104-289—OCT. 11, 1996 
other building components, £ind then instaUing that product 
or material into a Federal facility; 
"(7) liard-metric' means measurement, design, £ind 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 Pubhc 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) einy Federal building or construction 
E
roject the exclusion of which the President deems to be justi-
ed 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: 
15 use 205/. 
"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 
PUBLIC LAW 104-289—OCT. 11, 1996 
110 STAT. 3413 
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 soHcitation 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 luiits to coordinate dimensionally into 100 milli-
meter building modules; and 
"(B) the total installed price of hard-metric concrete 
masonry luiits 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 poHcy 
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. 
110 STAT. 3414 
PUBLIC LAW 104-289—OCT. 11, 1996 
"(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: 
Contracts. 
"(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, plemning, procurement, £ind notifying person-
nel in the agency. The ombudsman shall conduct appropriate mon-
itoring as required to ensure the decision is implemented, and 
may submit fiirther 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. 
PUBLIC LAW 104-289—OCT. 11, 1996 
110 STAT. 3415 
"(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. 
15 USC 205c 
(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. 
Approved October 11, 1996. 
LEGISLATIVE HISTORY—H.R. 2779 (H.R. 4233): 
HOUSE REPORTS: No. 104-639 (Coram, on Science). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
July 23, considered and passed House. 
Sept. 28, considered and passed Senate, amended. House concurred in Senate 
amendment.