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) Executive Director; salary The Executive Director of the Board shall serve full time and be subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5. The annual salary of the Executive Di- rector shall not exceed level III of the Executive Schedule under section 5314 of such title. (c) Staff personnel; appointment and compensa- tion The Board may appoint and fix the compensa- tion of such staff personnel as may be necessary to carry out the provisions of this subchapter in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5. (d) Experts and consultants; employment and compensation; annual review of contracts The Board may (1) employ experts and con- sultants or organizations thereof, as authorized by section 3109 of title 5; (2) compensate individ- uals so employed at rates not in excess of the rate currently being paid grade 18 of the General Schedule under section 5332 of such title, includ- ing traveltime; and (3) may allow such individ- uals, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by sec- tion 5703 of such title 5 for persons in the Gov- ernment service employed intermittently: Pro- vided, however, That contracts for such tem- porary employment may be renewed annually. (Pub. L. 94–168, § 10, Dec. 23, 1975, 89 Stat. 1012.) 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. § 205j. Financial and administrative services; source and reimbursement Financial and administrative services, includ- ing those related to budgeting, accounting, fi- nancial reporting, personnel, and procurement, and such other staff services as may be needed by the Board, may be obtained by the Board from the Secretary of Commerce or other appro- priate sources in the Federal Government. Pay- ment for such services shall be made by the Board, in advance or by reimbursement, from funds of the Board in such amounts as may be agreed upon by the Chairman of the Board and by the source of the services being rendered. (Pub. L. 94–168, § 11, Dec. 23, 1975, 89 Stat. 1012.) § 205j–1. Repealed. Pub. L. 104–66, title III, § 3001(e), Dec. 21, 1995, 109 Stat. 734 Section, Pub. L. 94–168, § 12, as added Pub. L. 100–418, title V, § 5164(c), Aug. 23, 1988, 102 Stat. 1452, related to agency guidelines to carry out metric conversion pol- icy. A prior section 12 of Pub. L. 94–168 was renumbered section 13 and is classified to section 205k of this title. § 205k. Authorization of appropriations; avail- ability There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this subchapter. Appropriations to carry out the provisions of this subchapter may remain available for obligation and expenditure for such period or periods as may be specified in the Acts making such appropriations. (Pub. L. 94–168, § 13, formerly § 12, Dec. 23, 1975, 89 Stat. 1012, renumbered § 13, Pub. L. 100–418, title V, § 5164(c), Aug. 23, 1988, 102 Stat. 1452.) § 205l. Implementation in acquisition of construc- tion services and materials for Federal facili- ties (a) In general Construction services and materials for Fed- eral 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 sec- tions 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and section 205b(2) of this title. Determination of a design method shall be based upon preliminary market re- Page 641 TITLE 15—COMMERCE AND TRADE § 205l 1 So in original. Probably should be ‘‘section’’. search as required under section 3453(c) of title 10 and section 3307(d) of title 41. If the require- ments of this subchapter conflict with the provi- sions of section 3453 of title 10 or section 3307(b) to (d) of title 41, then the provisions of such sec- tions 1 3453 or 3307(b) to (d) shall take prece- dence. (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 sec- tion) a Federal agency may require that speci- fications for the acquisition of structures or sys- tems of concrete masonry be expressed under the metric system of measurement, but may not incorporate specifications, that can only be sat- isfied by hard-metric versions of concrete ma- sonry units, in a solicitation for design or con- struction 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 di- mensionally 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 re- ceived for comparable existing projects. The head of the agency shall include in the writ- ing required in this subsection an expla- nation 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 sec- tion) a Federal agency may require that speci- fications for the acquisition of structures or sys- tems 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 re- cessed lighting fixtures, in a solicitation for de- sign 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 con- sensus standards include the use of hard-met- ric 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 di- mensionally 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 of- fers received for comparable existing projects. The head of the agency shall in- clude in the writing required in this sub- section 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 con- struction 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 sen- ior agency official to serve as a construction metrication ombudsman who shall be respon- sible for reviewing and responding to complaints from prospective bidders, subcontractors, sup- pliers, or their designated representatives re- lated to— (A) guidance or regulations issued by the agency on the use of the metric system of measurement in contracts for the construc- tion of Federal buildings; and (B) the use of the metric system of measure- ment for services and materials required for incorporation in individual projects to con- struct Federal buildings. The construction metrication ombudsman shall be independent of the contracting officer for construction contracts. (2) The ombudsman shall be responsible for en- suring 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 in- consistent with guidance issued by the Sec- retary of Commerce in consultation with the Interagency Council on Metric Policy while en- suring that the goals of this subchapter are ob- served. (3) The ombudsman shall respond to each com- plaint in writing within 60 days and make a rec- ommendation to the head of the executive agen- cy for an appropriate resolution thereto. In such a recommendation, the ombudsman shall con- sider— (A) whether the agency is adequately apply- ing the policies and procedures in this section; (B) whether the availability of hard-metric products and services from United States Page 642 TITLE 15—COMMERCE AND TRADE § 206 firms is sufficient to ensure full and open com- petition; 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 respon- sible for communicating the decision to all ap- propriate policy, design, planning, procurement, and notifying personnel in the agency. The om- budsman shall conduct appropriate monitoring as required to ensure the decision is imple- mented, and may submit further recommenda- tions, as needed. The head of the agency’s deci- sion on the ombudsman’s recommendations, and any supporting documentation, shall be pro- vided 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, § 14, as added and amended Pub. L. 104–289, §§ 4(a), 5, Oct. 11, 1996, 110 Stat. 3412, 3414; Pub. L. 108–423, § 6, Nov. 30, 2004, 118 Stat. 2402; Pub. L. 117–81, div. A, title XVII, § 1702(e)(1), Dec. 27, 2021, 135 Stat. 2156.) Editorial Notes REFERENCES IN TEXT The effective date of the Savings in Construction Act of 1996, referred to in subsecs. (b)(1) and (c)(2), is 90 days after Oct. 11, 1996. See Effective Date of 1996 Amend- ment; Savings Provision note set out under section 205c of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘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,’’ for ‘‘set forth in chapter 137 of title 10, section 2377 of title 10, title III of the Federal Property and Ad- ministrative Services Act of 1949 (41 U.S.C. 251 et seq.),’’; ‘‘under section 3453(c) of title 10 and section 3307(d) of title 41.’’ for ‘‘under section 2377(c) of title 10 and section 314B(c) of the Federal Property and Admin- istrative Services Act of 1949 (41 U.S.C. 264b(c)).’’; and ‘‘section 3453 of title 10 or section 3307(b) to (d) of title 41, then the provisions of such sections 3453 or 3307(b) to (d) shall take’’ for ‘‘section 2377 of title 10 or section 314B of the Federal Property and Administrative Serv- ices Act of 1949, then the provisions of 2377 or 314B shall take’’. 2004—Subsec. (e). Pub. L. 108–423 struck out heading and text of subsec. (e). Text read as follows: ‘‘The provi- sions contained in subsections (b) and (c) of this section shall expire 10 years from the effective date of the Sav- ings in Construction Act of 1996.’’ 1996—Pub. L. 104–289, § 5, added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE; SAVINGS PROVISION Section effective 90 days after Oct. 11, 1996, and inap- plicable 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. SUBCHAPTER III—STANDARD GAUGE FOR IRON AND STEEL § 206. Standard gauge for sheet and plate iron and steel For the purpose of securing uniformity the fol- lowing is established as the only standard gauge for sheet and plate iron and steel in the United States of America, namely: Number of gauge Approximate thickness in fractions of an inch Approximate thickness in decimal parts of an inch Approximate thickness in millimeters Weight per square foot in ounces avoir- dupois Weight per square foot in pounds avoir- dupois Weight per square foot in kilo- grams Weight per square meter in kilograms Weight per square meter in pounds avoirdupois 0000000 1/2 .5 12.7 320 20.00 9.072 97.65 215.28 000000 15/32 .46875 11.90625 300 18.75 8.505 91.55 201.82 00000 7/16 .4375 11.1125 280 17.50 7.983 85.44 188.37 0000 13/32 .40625 10.31875 260 16.25 7.371 79.33 174.91 000 3/8 .375 9.525 240 15 6.804 73.24 161.46 00 11/32 .34375 8.73125 220 13.75 6.237 67.13 148.00 0 5/16 .3125 7.9375 200 12.50 5.67 61.03 134.55 1 9/32 .28125 7.14375 180 11.25 5.103 54.93 121.09 2 17/64 .265625 6.746875 170 10.625 4.819 51.88 114.37 3 1/4 .25 6.35 160 10 4.536 48.82 107.64 4 15/64 .234375 5.953125 150 9.375 4.252 45.77 100.91 5 7/32 .21875 5.55625 140 8.75 3.969 42.72 94.18 6 13/64 .203125 5.159375 130 8.125 3.685 39.67 87.45 7 3/16 .1875 4.7625 120 7.5 3.402 36.62 80.72 8 11/64 .171875 4.365625 110 6.875 3.118 33.57 74.00 9 5/32 .15625 3.96875 100 6.25 2.835 30.52 67.27 10 9/64 .140625 3.571875 90 5.625 2.552 27.46 60.55 11 1/8 .125 3.175 80 5 2.268 24.41 53.82 12 7/64 .109375 2.778125 70 4.375 1.984 21.36 47.09 13 3/32 .09375 2.38125 60 3.75 1.701 18.31 40.36 14 5/64 .078125 1.984375 50 3.125 1.417 15.26 33.64 15 9/128 .0703125 1.7859375 45 2.8125 1.276 13.73 30.27 16 1/16 .0625 1.5875 40 2.5 1.134 12.21 26.91 17 9/160 .05625 1.42875 36 2.25 1.021 10.99 24.22 18 1/20 .05 1.27 32 2 .9072 9.765 21.53 19 7/160 .04375 1.11125 28 1.75 .7938 8.544 18.84 20 3/80 .0375 .9525 24 1.50 .6804 7.324 16.15 21 11/320 .034375 .873125 22 1.375 .6237 6.713 14.80 22 1/32 .03125 .793750 20 1.25 .567 6.103 13.46 23 9/320 .028125 .714375 18 1.125 .5103 5.493 12.11 24 1/40 .025 .635 16 1 .4536 4.882 10.76 25 7/320 .021875 .555625 14 .875 .3969 4.272 9.42 26 3/160 .01875 .47625 12 .75 .3402 3.662 8.07 27 11/640 .0171875 .4365625 11 .6875 .3119 3.357 7.40 28 1/64 .015625 .396875 10 .625 .2835 3.052 6.73 29 9/640 .0140625 .3571875 9 .5625 .2551 2.746 6.05 30 1/80 .0125 .3175 8 .5 .2268 2.441 5.38 31 7/640 .0109375 .2778125 7 .4375 .1984 2.136 4.71 32 13/1280 .01015625 .25796875 61⁄2 .40625 .1843 1.983 4.37 33 3/320 .009375 .238125 6 .375 .1701 1.831 4.04