H.R. 679 — what changed
Construction Consensus Procurement Improvement Act of 2017
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
Civilian contracts—
In general— Section 3309(b) of title 41, United States Code, is amended to read as follows:
“(b) Criteria for use
“(1) Contracts with a value of at least $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 if a contracting officer determines that the project has a value of $3,000,000 or greater.
“(2) Contracts with a value less than $3,000,000—For any project that a contracting officer determines has a value of less than $3,000,000, the contracting officer shall make a determination on 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 if—
“(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.”
Annual reports—
changed
In general— Not later than November 30 of 2018, 2019, 2020, 2021, and 2022, the head of each executive agency shall compile and submit to the Director of the Office of Management and Budget 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—
more than 5 finalists were selected for phase-two requests for proposals; or
the contract or order was awarded without using two-phase selection procedures.
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.
added
Submission to GAO— Not later than 30 days after the deadline described under subparagraph (A), the Director of the Office of Management and Budget shall compile and submit the reports submitted to the Director under such subparagraph to the Comptroller General.
changed
GAO reports— Not later than 270 days after the deadline for each annual report under subsection (a)(2)(A), the Comptroller General of the United States shall issue a report analyzing the compliance of each executive agency the reports submitted under subsection (a)(2)(C) and agency compliance with the requirements of section 3309 of title 41, United States Code, as added by subsection (a)(1).