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2 U.S.C. § 1816a — Design-build contracts

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1816a — Design-build contracts

**(a)** Notwithstanding any other provision of law, the Architect of the Capitol may use the two-phase selection procedures authorized in [section 3309 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3309&num=0&edition=prelim) for entering into a contract for the design and construction of a public building, facility, or work in the same manner and under the same terms and conditions as the head of an executive agency under such section. **(b)** This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.

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Source location: Title 2, Chapter 28, § 1816a; chapter-028-architect-of-the-capitol.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3309 — Design-build selection procedures

**(a) Authorization.—** Unless the traditional acquisition approach of design-bid-build established under sections 1101 to 1104 of title 40 or another acquisition procedure authorized by law is used, the head of an executive agency shall use the two-phase selection procedures authorized in this section for entering into a contract for the design and construction of a public building, facility, or work when a determination is made under subsection (b) that the procedures are appropriate for use. **(b) Criteria for Use.—** A 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— (1) the contracting officer anticipates that 3 or more offers will be received for the contract; (2) design work must be performed before an offeror can develop a price or cost proposal for the contract; (3) the offeror will incur a substantial amount of expense in preparing the offer; and (4) the contracting officer has considered information such as the following: (A) The extent to which the project requirements have been adequately defined. (B) The time constraints for delivery of the project. (C) The capability and experience of potential contractors. (D) The suitability of the project for use of the two-phase selection procedures. (E) The capability of the agency to manage the two-phase selection process. (F) Other criteria established by the agency. **(c) Procedures Described.—** Two-phase selection procedures consist of the following: (1) **Development of scope of work statement.—** — The agency develops, either in-house or by contract, a scope of work statement for inclusion in the solicitation that define

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1816a — Design-build contracts

Page 387 TITLE 2—THE CONGRESS § 1816a ‘‘(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the tele- communications requirements of such agencies, using a common system architecture for maximum inter- connection capability and engineering compatibility. The plan shall be subject to joint approval by the Com- mittee on House Administration of the House of Rep- resentatives and the Committee on Rules and Adminis- tration of the Senate, and, upon approval, shall be com- municated to the Committee on Appropriations of the House of Representatives and the Committee on Appro- priations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as deter- mined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved. ‘‘(b) As used in this section— ‘‘(1) the term ‘agency of the legislative branch’ means the Office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Of- fice, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and ‘‘(2) the term ‘telecommunications system’ means an electronic system for voice, data, or image com- munication, including any associated cable and switching equipment. ‘‘(c) This section shall apply with respect to fiscal years beginning after September 30, 1992.’’ Similar provisions were contained in the following prior appropriations acts: Pub. L. 102–90, title III, § 305, Aug. 14, 1991, 105 Stat. 466. Pub. L. 101–520, title III, § 305, Nov

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