
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC205l]

 
                      TITLE 15--COMMERCE AND TRADE
 
            CHAPTER 6--WEIGHTS AND MEASURES AND STANDARD TIME
 
                    SUBCHAPTER II--METRIC CONVERSION
 
Sec. 205l. Implementation in acquisition of construction 
        services and materials for Federal facilities
        

(a) In general

    Construction services and materials for Federal facilities shall be 
procured in accordance with the policies and procedures set forth in 
chapter 137 of title 10, section 2377 of title 10, title III of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.), and section 205b(2) of this title. Determination of a design 
method shall be based upon preliminary market research as required under 
section 2377(c) of title 10 and section 314B(c) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 264b(c)). If the 
requirements of this subchapter conflict with the provisions of section 
2377 of title 10 or section 314B of the Federal Property and 
Administrative Services Act of 1949, then the provisions of \1\ 2377 or 
314B shall take precedence.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``section''.
---------------------------------------------------------------------------

(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 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 
(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) Expiration

    The provisions contained in subsections (b) and (c) of this section 
shall expire 10 years from the effective date of the Savings in 
Construction Act of 1996.

(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, 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.

(Pub. L. 94-168, Sec. 14, as added and amended Pub. L. 104-289, 
Secs. 4(a), 5, Oct. 11, 1996, 110 Stat. 3412, 3414.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Title III of the act is classified generally to subchapter 
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40, Public Buildings, Property, and 
Works, and Tables.
    The effective date of the Savings in Construction Act of 1996, 
referred to in subsecs. (b)(1), (c)(2), and (e), is 90 days after Oct. 
11, 1996. See Effective Date of 1996 Amendment; Savings Provision note 
set out under section 205c of this title.


                               Amendments

    1996--Pub. L. 104-289, Sec. 5, added subsec. (f).


                    Effective Date; Savings Provision

    Section effective 90 days after Oct. 11, 1996, and inapplicable 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.
