§205l Implementation in Acquisition of Construction Services and Materials for Federal Facilities

Summary

Federal agencies must buy construction services and materials for Federal buildings using the procedures set by other Federal procurement laws. Agencies must choose a design method after doing preliminary market research required by those laws. If those other rules conflict with this part, the other rules control. Agencies may ask for metric measurements for concrete masonry and recessed lighting. But they cannot require only “hard‑metric” versions unless the agency head writes a written finding that either the work is repairing or replacing parts of buildings that existed or were being built on the effective date of the Savings in Construction Act of 1996, or two things are true: the project needs hard‑metric parts to fit into 100 millimeter building modules, and the total installed price for hard‑metric items will be equal to or less than for non‑hard‑metric items (price estimates should use actual offers when available and the agency head must explain how the estimate was made). For recessed lighting, hard‑metric can also be used if the main voluntary industry standards call for hard‑metric. These hard‑metric rules do not apply to work done outside the United States and its territories. Each agency that awards construction contracts in the United States must name a senior construction metrication ombudsman. The ombudsman reviews complaints about metric rules, must answer in writing within 60 days, and recommends fixes. The ombudsman considers whether the agency followed the policies, whether U.S. firms can supply hard‑metric products, and the total installed price. The ombudsman helps carry out the agency head’s decision and shares the decision and supporting papers with affected parties and the public. This does not replace the normal bid protest process.