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. 5, 1990, 104 Stat. 2276. Pub. L. 101–163, title III, § 305, Nov. 21, 1989, 103 Stat. 1063. Pub. L. 100–458, title III, § 305, Oct. 1, 1988, 102 Stat. 2182. Pub. L. 100–202, § 101(i) [title III, § 305], Dec. 22, 1987, 101 Stat. 1329–290, 1329–308. Pub. L. 99–500, § 101(j) [H.R. 5203, title III, § 305], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(j) [H.R. 5203, title III, § 305], Oct. 30, 1986, 100 Stat. 3341–287. § 1815. Repealed. Pub. L. 109–58, title I, § 101(c), Aug. 8, 2005, 119 Stat. 606 Section, Pub. L. 105–275, title III, § 310, Oct. 21, 1998, 112 Stat. 2456, related to energy conservation and man- agement. Editorial Notes CODIFICATION Section was classified to section 166i of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. § 1816. Construction contracts (a) Liquidated damages The Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the con- tract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that comple- tion of the project is delayed because of the con- tractor. (b) Amount of payment The amount of payment required under a liq- uidated damages provision described in sub- section (a) shall be equal to the product of— (1) the daily liquidated damage payment rate; and (2) the number of days by which the comple- tion of the project is delayed. (c) Daily liquidated damage payment rate (1) In general In subsection (b), the ‘‘daily liquidated dam- age payment rate’’ means— (A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000; (B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and (C) the sum of $200 plus $50 for each $100,000 increment by which the value of the con- tract exceeds $500,000, in the case of a con- tract with a value greater than $500,000. (2) Adjustment in rate permitted Notwithstanding paragraph (1), the daily liq- uidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the an- ticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract. (d) Effective date This section shall apply with respect to con- tracts entered into during fiscal year 2002 or any succeeding fiscal year. (Pub. L. 107–68, title I, § 130, Nov. 12, 2001, 115 Stat. 580.) Editorial Notes CODIFICATION Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. § 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 for entering into a con- tract 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 fis- cal year 2008 and each succeeding fiscal year. (Pub. L. 110–161, div. H, title I, § 1308, Dec. 26, 2007, 121 Stat. 2244.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 3309 of title 41’’ substituted for ‘‘section 303M of the Federal Property and Adminis- trative Services Act of 1949 (41 U.S.C. 253m)’’ on author- ity of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section is from the Legislative Branch Appropria- tions Act, 2008, which is div. H of the Consolidated Ap- propriations Act, 2008. Page 388 TITLE 2—THE CONGRESS § 1816b § 1816b. Architect of the Capitol, authority for personal services contracts with legal enti- ties Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is author- ized to contract for personal services with indi- viduals under the provisions of section 6101 of title 41. (Pub. L. 96–558, Dec. 19, 1980, 94 Stat. 3263.) Editorial Notes CODIFICATION In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 3709 of the Revised Statutes of the United States (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was classified to section 6a–2 of former Title 41, prior to the enactment of Title 41, Public Contracts, by Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3677. Statutory Notes and Related Subsidiaries AUTHORIZING PAYMENTS UNDER SERVICE CONTRACTS DURING THE CORONAVIRUS EMERGENCY Pub. L. 116–136, div. B, title IX, § 19005, Mar. 27, 2020, 134 Stat. 578, as amended by Pub. L. 116–159, div. A, § 159(3), Oct. 1, 2020, 134 Stat. 722, provided that: ‘‘(a) AUTHORIZING PAYMENTS.—Notwithstanding sec- tion 3324(a) of title 31, United States Code, or any other provision of law and subject to subsection (b), if the employees of a contractor with a service contract with the Architect of the Capitol are furloughed or other- wise unable to work during closures, stop work orders, or reductions in service arising from or related to the impacts of coronavirus, the Architect of the Capitol may continue to make the payments provided for under the contract for the weekly salaries and benefits of such employees until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic. ‘‘(b) AVAILABILITY OF APPROPRIATIONS.—The author- ity of the Architect of the Capitol to make payments under the authority of subsection (a) is subject to the availability of appropriations to make such payments. ‘‘(c) REGULATIONS.—The Architect of the Capitol shall promulgate such regulations as may be necessary to carry out this section.’’ [For definition of ‘‘coronavirus’’ as used in section 19005 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.] § 1817. Transfer of discontinued apparatus to other branches The Architect of the Capitol may transfer ap- paratus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, when- ever, in his judgment the interests of the Gov- ernment service may require it. (June 26, 1912, ch. 182, § 11, 37 Stat. 184; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, § 1(120), 45 Stat. 995; Oct. 31, 1951, ch. 654, § 3(17), 65 Stat. 708.) Editorial Notes CODIFICATION Section was classified to section 171 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Section is based on section 11 of act June 26, 1912, popularly known as the ‘‘District of Columbia Appro- priation Act June 26, 1912, fiscal year 1913’’. PRIOR PROVISIONS Act Mar. 2, 1911, ch. 192, § 9, 36 Stat. 1011. AMENDMENTS 1951—Act Oct. 31, 1951, struck out ‘‘with the approval of the Secretary of the Interior,’’ after ‘‘whenever,’’. 1928—Act May 29, 1928, struck out provision that re- quired a transfer statement to be submitted in the an- nual report to Congress by the Superintendent of the Capitol Building and Grounds. Statutory Notes and Related Subsidiaries CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title. § 1817a. Disposition of surplus or obsolete per- sonal property (a) In general The Architect of the Capitol shall have the au- thority, within the limits of available appropria- tions, to dispose of surplus or obsolete personal property by inter-agency transfer, donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property shall be credited to funds available for the oper- ations of the Architect of the Capitol and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year received and the following fiscal year. (b) Effective date This section shall apply with respect to fiscal year 2010, and each fiscal year thereafter. (Pub. L. 111–68, div. A, title I, § 1301, Oct. 1, 2009, 123 Stat. 2034.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2010, which is div. A of Pub. L. 111–68. § 1818. Rental or lease of storage space Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its en- virons beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Rep- resentatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize,