Construction Consensus Procurement Improvement Act of 2020

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8955 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8955

  To prohibit the use of reverse auctions for design and construction 
             services procurements, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2020

 Mr. Comer (for himself and Mr. Khanna) introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
  To prohibit the use of reverse auctions for design and construction 
             services procurements, 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 ``Construction Consensus Procurement 
Improvement Act of 2020''.

SEC. 2. PROHIBITION ON USE OF A REVERSE AUCTION FOR THE AWARD OF A 
              CONTRACT FOR COMPLEX, SPECIALIZED, OR SUBSTANTIAL DESIGN 
              AND CONSTRUCTION SERVICES.

    (a) Findings.--Congress makes the following findings:
            (1) In contrast to a traditional auction in which the 
        buyers bid up the price, sellers bid down the price in a 
        reverse auction.
            (2) Reverse auctions, while providing value for the vast 
        majority of Federal acquisitions, including certain 
        construction-related acquisitions, are limited in value for 
        complex, specialized, or substantial design and construction 
        services.
    (b) Reverse Auction Defined.--In this Act, the term ``reverse 
auction'' means, with respect to any procurement by an executive 
agency, a real-time auction generally conducted through an electronic 
medium among two or more offerors who compete by submitting bids for a 
supply or service contract, or a delivery order, task order, or 
purchase order under the contract, with the ability to submit revised 
lower bids at any time before the closing of the auction.
    (c) Prohibition.--
            (1) In general.--Not later than 270 days after the date of 
        the enactment of this Act, the Federal Acquisition Regulation 
        shall be amended to prohibit the use of reverse auctions for 
        awarding contracts for complex, specialized, or substantial 
        design and construction services.
            (2) Applicability to acquisitions above the simplified 
        acquisition threshold.--The prohibition on reverse auctions for 
        complex, specialized, or substantial design and construction 
        services shall apply only to acquisitions above the simplified 
        acquisition threshold (SAT) for construction and design 
        services pursuant to part 36 of the Federal Acquisition 
        Regulation.
    (d) Rulemaking for Complex, Specialized, or Substantial Services.--
Not later than 180 days after the date of the enactment of this Act, 
the Federal Acquisition Regulatory Council shall promulgate a 
definition of complex, specialized, or substantial design and 
construction services, which shall include--
            (1) site planning and landscape design;
            (2) architectural and engineering services (as defined in 
        section 1102 of title 40, United States Code);
            (3) interior design;
            (4) performance of substantial construction work for 
        facility, infrastructure, and environmental restoration 
        projects; and
            (5) construction or substantial alteration of public 
        buildings or public works.
    (e) Rule of Construction.--Nothing in this Act shall be construed 
to restrict the use of reverse auctions for the procurement of other 
goods and services except as specifically provided for under this Act.
    (f) Report.--Not later than two years after the date of the 
enactment of this Act, the Administrator of the General Services 
Administration shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Oversight and 
Reform of the House of Representatives a report on the effectiveness of 
this Act in delivering complex, specialized, or substantial design and 
construction services to the United States Government.
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