Construction Consensus Procurement Improvement Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8955 To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes. 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Construction Con- 4 sensus Procurement Improvement Act of 2020’’. 5 VerDate Sep 11 2014 22:34 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8955.IH H8955 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8955 IH SEC. 2. PROHIBITION ON USE OF A REVERSE AUCTION FOR 1 THE AWARD OF A CONTRACT FOR COMPLEX, 2 SPECIALIZED, OR SUBSTANTIAL DESIGN AND 3 CONSTRUCTION SERVICES. 4 (a) FINDINGS.—Congress makes the following find- 5 ings: 6 (1) In contrast to a traditional auction in which 7 the buyers bid up the price, sellers bid down the 8 price in a reverse auction. 9 (2) Reverse auctions, while providing value for 10 the vast majority of Federal acquisitions, including 11 certain construction-related acquisitions, are limited 12 in value for complex, specialized, or substantial de- 13 sign and construction services. 14 (b) REVERSE AUCTION DEFINED.—In this Act, the 15 term ‘‘reverse auction’’ means, with respect to any pro- 16 curement by an executive agency, a real-time auction gen- 17 erally conducted through an electronic medium among two 18 or more offerors who compete by submitting bids for a 19 supply or service contract, or a delivery order, task order, 20 or purchase order under the contract, with the ability to 21 submit revised lower bids at any time before the closing 22 of the auction. 23 (c) PROHIBITION.— 24 (1) IN GENERAL.—Not later than 270 days 25 after the date of the enactment of this Act, the Fed- 26 VerDate Sep 11 2014 22:34 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8955.IH H8955 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8955 IH eral Acquisition Regulation shall be amended to pro- 1 hibit the use of reverse auctions for awarding con- 2 tracts for complex, specialized, or substantial design 3 and construction services. 4 (2) APPLICABILITY TO ACQUISITIONS ABOVE 5 THE SIMPLIFIED ACQUISITION THRESHOLD.—The 6 prohibition on reverse auctions for complex, special- 7 ized, or substantial design and construction services 8 shall apply only to acquisitions above the simplified 9 acquisition threshold (SAT) for construction and de- 10 sign services pursuant to part 36 of the Federal Ac- 11 quisition Regulation. 12 (d) RULEMAKING FOR COMPLEX, SPECIALIZED, OR 13 SUBSTANTIAL SERVICES.—Not later than 180 days after 14 the date of the enactment of this Act, the Federal Acquisi- 15 tion Regulatory Council shall promulgate a definition of 16 complex, specialized, or substantial design and construc- 17 tion services, which shall include— 18 (1) site planning and landscape design; 19 (2) architectural and engineering services (as 20 defined in section 1102 of title 40, United States 21 Code); 22 (3) interior design; 23 VerDate Sep 11 2014 22:34 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8955.IH H8955 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8955 IH (4) performance of substantial construction 1 work for facility, infrastructure, and environmental 2 restoration projects; and 3 (5) construction or substantial alteration of 4 public buildings or public works. 5 (e) RULE OF CONSTRUCTION.—Nothing in this Act 6 shall be construed to restrict the use of reverse auctions 7 for the procurement of other goods and services except as 8 specifically provided for under this Act. 9 (f) REPORT.—Not later than two years after the date 10 of the enactment of this Act, the Administrator of the 11 General Services Administration shall submit to the Com- 12 mittee on Homeland Security and Governmental Affairs 13 of the Senate and the Committee on Oversight and Re- 14 form of the House of Representatives a report on the ef- 15 fectiveness of this Act in delivering complex, specialized, 16 or substantial design and construction services to the 17 United States Government. 18 Æ VerDate Sep 11 2014 22:34 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8955.IH H8955 kjohnson on DSK79L0C42PROD with BILLS