S.Amdt. 3850

1. Adds SEC. 830. PROHIBITION ON REVERSE AUCTIONS FOR COVERED CONTRACTS at the end of subtitle B of title VIII

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   (2) Photovoltaic devices.--The term "photovoltaic device" means devices that convert light directly into electricity through a solid-stats, semiconductor process.

   Inserted: SEC. 830. PROHIBITION ON REVERSE AUCTIONS FOR COVERED CONTRACTS.

   Inserted: (a) Sense of Congress.--It is the sense of Congress that, when used appropriately, reverse auctions may improve the Federal Government's procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses.

   Inserted: (b) Use of Reverse Auctions.--The Small Business Act (15 U.S.C. 631 et seq.) is amended--

   Inserted: (1) by redesignating section 47 as section 48; and

   Inserted: (2) by inserting after section 46 the following new section:

   Inserted: "SEC. 47. REVERSE AUCTIONS PROHIBITED FOR COVERED CONTRACTS.

   Inserted: "(a) In General.--In the case of a covered contract described in subsection (c), reverse auction methods may not be used--

   Inserted: "(1) if the covered contract is suitable for award to a small business concern; or

   Inserted: "(2) if the award is to be made under--

   Inserted: "(A) section 8(a);

   Inserted: "(B) section 8(m);

   Inserted: "(C) section 15(a);

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   Inserted: "(D) section 15(j);

   Inserted: "(E) section 31;

   Inserted: "(F) section 36; or

   Inserted: "(G) section 8127 of title 38, United States Code.

   Inserted: "(b) Limitations on Using Reverse Auctions.--

   Inserted: "(1) Number of offers; revisions to bids.--A Federal agency may not award a covered contract using a reverse auction method if only one offer is received or if offerors do not have the ability to submit revised bids throughout the course of the auction.

   Inserted: "(2) Other procurement authority.--A Federal agency may not award a covered contract under a procurement provision other than those provisions described in subsection (a)(2) if the justification for using such procurement provision is to use reverse auction methods.

   Inserted: "(c) Definitions.--In this section the following definitions apply:

   Inserted: "(1) Covered contract.--The term 'covered contract' means a contract--

   Inserted: "(A) for services, including design and construction services; or

   Inserted: "(B) for goods in which the technical qualifications of the offeror constitute part of the basis of award.

   Inserted: "(2) Design and construction services.--The term 'design and construction services' means--

   Inserted: "(A) site planning and landscape design;

   Inserted: "(B) architectural and interior design;

   Inserted: "(C) engineering system design;

   Inserted: "(D) performance of construction work for facility, infrastructure, and environmental restoration projects;

   Inserted: "(E) delivery and supply of construction materials to construction sites;

   Inserted: "(F) construction, alteration, or repair, including painting and decorating, of public buildings and public works; and

   Inserted: "(G) architectural and engineering services as defined in section 1102 of title 40, United States Code.

   Inserted: "(3) Reverse auction.--The term 'reverse auction' means, with respect to procurement by an agency, a real-time auction conducted through an electronic medium between a group of offerors who compete against each other by submitting offers for a contract or task order with the ability to submit revised offers throughout the course of the auction.".

   Inserted: (c) Contracts Awarded by Secretary of Veterans Affairs.--Section 8127(j) of title 38, United States Code, is amended by adding at the end the following new paragraph:

   Inserted: "(3) The provisions of section 47(a) of the Small Business Act (relating to the prohibition on using reverse auction methods to award a contract) shall apply to a contract awarded under this section.".

   Original wording

   At the end of subtitle B of title VIII, add the following:

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As printed