Section 1 Short title
This Act may be cited as the “Design-Build Efficiency and Jobs Act of 2013”.
Design-Build Efficiency and Jobs Act of 2013
A BILL
To amend title 41, United States Code, to require the use of two-phase selection procedures when design-build contracts are suitable for award to small business concerns, and for other purposes.
Sec. 2 Design-build selection procedures
Section 3309 of title 41, United States Code, is amended—
in subsection (d) by striking “agency determines with respect to” and all that follows through the period at the end, and inserting the following: “the head of the agency approves the contracting officer’s justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government’s interest. The contracting officer must provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process.”; and
by adding at the end the following:
“(f) Design and construction contracts—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 contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code.
“(g) Reports
“(1) Agency reports—Beginning on the date that is 1 year after the effective date of this subsection, and for each of the 4 years thereafter, each agency shall submit to the Comptroller General of the United States and publish in the Federal Register, an annual report regarding all cases in the preceding year in which—
“(A) more than 5 finalists were selected for phase-two requests for competitive proposals; or
“(B) for a contract that has a value of $750,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code) or greater for which the two-phase selection procedures was not used.
“(2) GAO report—On the first full fiscal year that is 5 years after the effective date of this subsection, the Comptroller General of the United States shall publish a report that, based on the information provided in the agency reports required under paragraph (1), analyzes the degree to which agencies have complied with the requirements of this section.”