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H.R. 5199 — what changed

Construction Consensus Procurement Improvement Act of 2016

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

Sec. 3 Design-build construction process improvement

(a)
Civilian contracts—
(1)
In general— Section 3309(b) of title 41, United States Code, is amended to read as follows:

“(b) Criteria for use

changed “(1) Contracts with a value of at least $750,000—Two-phase $750,000 $3,000,000—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 project has a value of $750,000 $3,000,000 or greater, as adjusted for inflation in accordance with section 1908 of this title.

changed “(2) Contracts with a value less than $750,000—For $750,000 $3,000,000—For projects that a contracting officer determines have a value of less than $750,000, $750,000 $3,000,000, the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design 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 before an offeror can develop a price or cost proposal 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 requirements 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)
Annual reports—
(A)
In general— Not later than November 30 of 2017, 2018, 2019, 2020, and 2021, the head of each agency shall compile an annual report of each instance in which the agency awarded a design-build contract pursuant to section 3309 of title 41, United States Code, during the fiscal year ending in such calendar year, in which—
(i)
more than 5 finalists were selected for phase-two requests for proposals; or
(ii)
the contract or order was awarded without using two-phase selection procedures.
(B)
Public availability— The Director of the Office of Management and Budget shall facilitate public access to the reports, including by posting them on a publicly available Internet website. A notice of the availability of each report shall be published in the Federal Register.
(b)
GAO reports— Not later than 270 days after the deadline for the final reports required under subsection (f) of section 3309 of title 41, United States Code, as added by subsection (a)(1), the Comptroller General of the United States shall issue a report analyzing the compliance of the various Federal agencies with the requirements of such section.