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15 U.S.C. § 205l — Implementation in acquisition of construction services and materials for Federal facilities

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

15 U.S.C. § 205l — Implementation in acquisition of construction services and materials for Federal facilities

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Stable record: federal_law:legal_authorities:record_usc_41ee0ed25647e46f6c99b404
Source file: Laws/federal/codes/united-states-code/title-15/section-205l-implementation-in-acquisition-of-construction-services-and-materials-for--4a3634049d.md
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Source location: Title 15, Chapter 6, § 205l; chapter-006-weights-and-measures-and-standard-time.md

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**(a) In general** Construction services and materials for Federal facilities shall be procured in accordance with the policies and procedures set forth in the provisions of title 10, referred to in section 3016 of such title as “chapter 137 legacy provisions”, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and [section 205b(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section205b/2&num=0&edition=prelim). Determination of a design method shall be based upon preliminary market research as required under [section 3453(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3453/c&num=0&edition=prelim) and [section 3307(d) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3307/d&num=0&edition=prelim). If the requirements of this subchapter conflict with the provisions of [section 3453 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3453&num=0&edition=prelim) or section 3307(b) to (d) of title 41, then the provisions of such sections 11 So in original. Probably should be “section”. 3453 or 3307(b) to (d) shall take precedence. **(b) Concrete masonry units** In carrying out the policy set forth in [section 205b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section205b&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section205b&num=0&edition=prelim) (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) Repealed. Pub. L. 108–423, § 6, Nov. 30, 2004, 118 Stat. 2402** **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section205b/2&num=0&edition=prelim), 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.

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

10 U.S.C. § 3453 — Preference for commercial products and commercial services

**(a) Preference.—** The head of an agency shall ensure that, to the maximum extent practicable— (1) requirements of the agency with respect to a procurement of supplies or services are stated in terms of— (A) functions to be performed; (B) performance required; or (C) essential physical characteristics; (2) such requirements are defined so that commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products, may be procured to fulfill such requirements; and (3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill such requirements. **(b) Implementation.—** The head of an agency shall ensure that acquisition officials in such agency and prime contractors and subcontractors (at any tier) performing contracts with such agency (including those performing consulting, research, and advisory services to acquisition officials of such agency) to the maximum extent practicable— (1) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency; (2) require such prime contractors and subcontractors to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency; (3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products;

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3453

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

15 U.S.C. § 205c — Definitions

As used in this subchapter, the term— (1) “Board” means the United States Metric Board, established under [section 205d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section205d&num=0&edition=prelim); (2) “engineering standard” means a standard which prescribes (A) a concise set of conditions and requirements that must be satisfied by a material, product, process, procedure, convention, or test method; and (B) the physical, functional, performance and/or conformance characteristics thereof; (3) “international standard or recommendation” means an engineering standard or recommendation which is (A) formulated and promulgated by an international organization and (B) recommended for adoption by individual nations as a national standard; (4) “metric system of measurement” means the International System of Units as established by the General Conference of Weights and Measures in 1960 and as interpreted or modified for the United States by the Secretary of Commerce; (5) “full and open competition” has the same meaning as defined in [section 107 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section107&num=0&edition=prelim); (6) “total installed price” means the price of purchasing a product or material, trimming or otherwise altering some or all of that product or material, if necessary to fit with other building components, and then installing that product or material into a Federal facility; (7) “hard-metric” means measurement, design, and manufacture using the metric system of measurement, but does not include measurement, design, and manufacture using English system measurement units which are subsequently reexpressed in the metric system of measurement; (8) “cost or pricing data or price anal

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

10 U.S.C. § 2377 — Renumbered § 3453]

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

15 U.S.C. § 205b — Declaration of policy

It is therefore the declared policy of the United States— (1) to designate the metric system of measurement as the preferred system of weights and measures for United States trade and commerce; (2) to require that each Federal agency, by a date certain and to the extent economically feasible by the end of the fiscal year 1992, use the metric system of measurement in its procurements, grants, and other business-related activities, except to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units; (3) to seek out ways to increase understanding of the metric system of measurement through educational information and guidance and in Government publications; and (4) to permit the continued use of traditional systems of weights and measures in non-business activities.

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

15 U.S.C. § 205l — Implementation in acquisition of construc-

Page 640 TITLE 15—COMMERCE AND TRADE § 205i ness of the Board, be entitled to receive com- pensation at a rate not to exceed the daily rate currently being paid grade 18 of the General Schedule (under section 5332 of title 5), including traveltime. While so serving, on the business of the Board away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons employed intermittently in the Government service. Payments under this section shall not render members of the Board employees or officials of the United States for any purpose. Members of the Board who are in the employ of the United States shall be enti- tled to travel expenses when traveling on the business of the Board. (Pub. L. 94–168, § 9, Dec. 23, 1975, 89 Stat. 1011.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 205i. Personnel (a) Executive Director; appointment; tenure; du- ties The Board shall appoint a qualified individual to serve as the Executive Director of the Board at the pleasure of the Board. The Executive Di- rector, subject to the direction of the Board, shall be responsible to the Board and shall carry out the metric conversion program, pursuant to the provisions of this subchapter and the poli- cies established by the Board. (b) Exec

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 205l

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