§ 205l. — Implementation in acquisition of construction services and materials for Federal facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC205l]
TITLE 15--COMMERCE AND TRADE
CHAPTER 6--WEIGHTS AND MEASURES AND STANDARD TIME
SUBCHAPTER II--METRIC CONVERSION
Sec. 205l. Implementation in acquisition of construction
services and materials for Federal facilities
(a) In general
Construction services and materials for Federal facilities shall be
procured in accordance with the policies and procedures set forth in
chapter 137 of title 10, section 2377 of title 10, title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), and section 205b(2) of this title. Determination of a design
method shall be based upon preliminary market research as required under
section 2377(c) of title 10 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 subchapter conflict with the provisions of section
2377 of title 10 or section 314B of the Federal Property and
Administrative Services Act of 1949, then the provisions of \1\ 2377 or
314B shall take precedence.
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by ``section''.
---------------------------------------------------------------------------
(b) Concrete masonry units
In carrying out the policy set forth in section 205b of this title
(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 concrete masonry be expressed
under the metric system of measurement, but may not incorporate
specifications, that can only be satisfied by hard-metric versions of
concrete masonry units, in a solicitation 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
units to coordinate dimensionally into 100 millimeter building
modules; and
(B) the total installed price of hard-metric concrete
masonry units 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 policy set forth in section 205b of this title
(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 fixtures, 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 millimeter
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.
(d) Limitation
The provisions of subsections (b) and (c) of this section shall not
apply to Federal contracts to acquire construction 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.
(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 bidders, 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 205b(2) of this title, 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
this subchapter 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 appropriate policy, design, planning,
procurement, and notifying personnel in the agency. The ombudsman shall
conduct appropriate monitoring as required to ensure the decision is
implemented, and may submit further 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.
(5) Nothing in this section shall be construed to supersede the bid
protest process established under subchapter V of chapter 35 of title
31.
(Pub. L. 94-168, Sec. 14, as added and amended Pub. L. 104-289,
Secs. 4(a), 5, Oct. 11, 1996, 110 Stat. 3412, 3414.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Title III of the Act is classified generally to subchapter
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Tables.
The effective date of the Savings in Construction Act of 1996,
referred to in subsecs. (b)(1), (c)(2), and (e), is 90 days after Oct.
11, 1996. See Effective Date of 1996 Amendment; Savings Provision note
set out under section 205c of this title.
Amendments
1996--Pub. L. 104-289, Sec. 5, added subsec. (f).
Effective Date; Savings Provision
Section effective 90 days after Oct. 11, 1996, and inapplicable to
contracts awarded and solicitations issued on or before that date,
unless head of Federal agency makes written determination that it would
be in public interest to apply one or more provisions of Pub. L. 104-289
to these existing contracts or solicitations, see section 6(b) of Pub.
L. 104-289, set out as an Effective Date of 1996 Amendment; Savings
Provision note under section 205c of this title.
