Construction Consensus Procurement Improvement Act of 2021

[117th Congress Public Law 28]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 304]]

Public Law 117-28
117th Congress

                                 An Act


 
    To amend the Consolidated Appropriations Act, 2021, to correct a 
 provision on the prohibition on the use of a reverse auction, and for 
          other purposes. <<NOTE: July 26, 2021 -  [H.R. 26]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Construction 
Consensus Procurement Improvement Act of 2021.>> 
SECTION 1. <<NOTE: 41 USC 101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Construction Consensus Procurement 
Improvement Act of 2021''.
SEC. 2. AMENDMENT.

    Section 402 of title IV of division U of the Consolidated 
Appropriations Act, 2021, <<NOTE: 41 USC 3309 note.>>  is amended to 
read as follows:


 ``prohibition on use of a reverse auction for the award of a contract 
    for complex, specialized, or substantial design and construction 
                                services


    ``Sec. 402. 
    ``(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 section, 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) <<NOTE: Deadline.>>  In general.--Not later than 270 
        days after the date of the enactment of this section, 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.

[[Page 135 STAT. 305]]

    ``(d) <<NOTE: Deadline. Definition. 41 USC 3309 note.>>  Rulemaking 
for Complex, Specialized, or Substantial Services.--Not later than 180 
days after the date of the enactment of this section, 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 section 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 
section.
    ``(f) Report.--Not later than two years after the date of the 
enactment of this section, the Administrator of General Services 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 section in 
delivering complex, specialized, or substantial design and construction 
services to the United States Government.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.

    Approved July 26, 2021.

LEGISLATIVE HISTORY--H.R. 26:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            Jan. 5, considered and passed House.
            July 13, considered and passed Senate.

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