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22 U.S. Code § 306 - Contracting methods in capital construction

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(a) Delivery

Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of December 27, 2021.

(b) Notification

Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees.

(c) Performance evaluation

Not later than 180 days after December 27, 2021, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s “Standards for Internal Control in the Federal Government” that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department.

Editorial Notes

Section was enacted as part of the Department of State Authorization Act of 2021 and also as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.

Statutory Notes and Related Subsidiaries

For definitions of “appropriate congressional committees” and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.

Pub. L. 117–81, div. E, title LII, § 5214, Dec. 27, 2021, 135 Stat. 2359, provided that:

“In this title [enacting this section and section 305 of this title, amending sections 304 and 4852 of this title, and enacting provisions set out as notes under sections 292, 4802, and 4851 of this title]:
“(1) Design-build.—
The term ‘design-build’ means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services.
“(2) Non-standard design.—
The term ‘non-standard design’ means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.”