Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 (Introduced in House)

HR 1980

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

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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.

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