Sec. 3. Design-build construction process improvement
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Section 3309 of title 41, United States Code, is amended— by amending subsection
(b)to read as follows: 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 this title. For projects that a contracting officer determines have a value of less than $750,000, 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— the contracting officer anticipates that 3 or more offers will be received for the contract; design work must be performed before an offeror can develop a price or cost proposal for the contract; the offeror will incur a substantial amount of expense in preparing the offer; and the contracting officer has considered information such as— the extent to which the project requirements have been adequately defined; the time constraints for delivery of the project; the capability and experience of potential contractors; the suitability of the project for use of the two-phase selection procedures; the capability of the agency to manage the two-phase selection process; and other criteria established by the agency. ; and in subsection (d), by striking The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to and all that follows through the period at the end and inserting the following: The maximum number specified in the solicitation shall not exceed 5 unless the head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity, 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 shall 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. . Not later than November 30 of 2016, 2017, 2018, 2019, and 2020, 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— more than 5 finalists were selected for phase-two requests for proposals; or the contract was awarded without using two-phase selection procedures. 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. Section 2305a of title 10, United States Code, is amended— by amending subsection
(b)to read as follows: 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. For projects that a contracting officer determines have a value of less than $750,000, 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— the contracting officer anticipates that 3 or more offers will be received for the contract; design work must be performed before an offeror can develop a price or cost proposal for the contract; the offeror will incur a substantial amount of expense in preparing the offer; and the contracting officer has considered information such as— the extent to which the project requirements have been adequately defined; the time constraints for delivery of the project; the capability and experience of potential contractors; the suitability of the project for use of the two-phase selection procedures; the capability of the agency to manage the two-phase selection process; and other criteria established by the Department of Defense. ; and in subsection (d), by striking The maximum number specified in the solicitation shall not exceed 5 unless the agency determines with respect to and all that follows through the period at the end and inserting the following: The maximum number specified in the solicitation shall not exceed 5 unless the head of the contracting activity 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 shall 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. . Not later than November 30 of 2016, 2017, 2018, 2019, and 2020, the Secretary of Defense shall compile an annual report of each instance in which the Department awarded a design-build contract pursuant to section 2305a of title 10, 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 was awarded without using two-phase selection procedures. 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. 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. Not later than 270 days after the deadline for the final reports required under subsection
(f)of section 2305a of title 10, United States Code, as added by subsection (b)(1), the Comptroller General of the United States shall issue a report analyzing the compliance of the Department of Defense with the requirements of such section.