Safety, Accountability, and Funding Efficiency for Transportation Act of 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1980 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 1980

To require government agencies carrying out surface transportation
projects to conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 6, 2003

Ms. Kilpatrick introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To require government agencies carrying out surface transportation
projects to conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2003''.

SEC. 2. FINDINGS.

Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.

SEC. 3. DEFINITIONS.

In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.

SEC. 4. COST-BENEFIT ANALYSIS.

(a) In General.--For fiscal year 2005 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not be otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.

SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS.

(a) In General.--If, after conducting a cost-benefit analysis for a
private contract under section 4, a government agency finds that the
benefits of entering into the contract outweigh the costs, the agency
shall also prepare for the contract the materials required by this
section.
(b) Performance History.--The materials to be prepared under
subsection (a) shall include a performance history of the private
contractor. Such history shall include, at a minimum, the following:
(1) A description of any work performed for the government
agency by the private contractor in the preceding 5-year period
or, if such work was not performed, a description of any work
performed for other government agencies by the private
contractor in such 5-year period.
(2) With respect to each private contract to which
paragraph (1) applies, the amount of funds originally committed
by the government agency under the contract and the amount of
funds actually expended by the government agency under the
contract.
(3) With respect to each private contract to which
paragraph (1) applies, deadlines originally established for all
work performed under the contract and the actual date or dates
on which performance of the work was completed.
(4) Any citations, court findings, or administrative
findings against the private contractor for a violation of
applicable Federal, State, and local laws, including laws
governing environmental protection, employee safety and health,
labor relations, and other employment requirements.
(5) Documentation to substantiate that the qualifications,
experience, and expertise of the employees to be utilized by
the private contractor under the private contract, including
subcontractors, are at least equal to that of the government
agency employees who could be providing the services.
(c) Political Contribution History.--The materials to be prepared
under subsection (a) shall include a political contribution history of
the private contractor. Such history shall include, at a minimum, a
listing of all contributions made by the private contractor to
political parties and candidates for political office in the preceding
5-year period.
(d) Certification of Performance Bond.--The materials to be
prepared under subsection (a) shall include a certification by the
government agency that the agency will receive from the private
contractor a performance bond or similar instrument that ensures the
performance of the contractor under the private contract.

SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.

If, after conducting a cost-benefit analysis for a private contract
under section 4 and preparing the accompanying materials under section
5, a government agency finds that it is in the public interest to enter
into the contract, the agency shall, at least 30 days before entering
into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.

SEC. 7. COMMENTS.

In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.

SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA.

In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.

SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK.

Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees<plus-minus>.
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