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

Summary

Federal construction services and materials must be bought under the rules in other federal procurement laws: certain parts of title 10 (including what section 3016 calls “chapter 137 legacy provisions” and section 3453), parts of division C of subtitle I of title 41 (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711), and section 205b(2). The choice of design method must be based on preliminary market research under section 3453(c) of title 10 and section 3307(d) of title 41. If these rules conflict with section 3453 of title 10 or sections 3307(b)–(d) of title 41, those sections control. Agencies may write metric specifications for concrete masonry and recessed lighting, but they cannot require items that only exist in “hard‑metric” sizes for projects in the United States or its territories unless the agency head writes a justification. For concrete masonry, the head must find either that hard‑metric parts are needed to repair or replace parts of facilities that existed or were under construction on the effective date of the Savings in Construction Act of 1996, or that (A) the design needs hard‑metric units to fit 100 millimeter building modules and (B) the total installed price for hard‑metric units is estimated to be no more than for non‑hard‑metric units, based on actual cost or price data and offers; the head must explain the price factors in writing. For recessed lighting, the head may also allow hard‑metric only if most voluntary industry standards use hard‑metric, or under the same repair/replacement or module‑and‑price tests as concrete masonry. The hard‑metric rules do not apply to contracts for work outside the United States and its territories. Each agency that awards domestic construction contracts must name a senior construction metrication ombudsman, independent of the contracting officer, to handle complaints, respond in writing within 60 days, make recommendations considering policy use, U.S. supplier availability, and total installed price, and tell staff and the public the agency’s decision. Nothing here overrides the bid protest process in subchapter V of chapter 35 of title 31.