IC
116th CONGRESS
1st Session
S. 1434
IN THE HOUSE OF REPRESENTATIVES
December 23, 2019
Referred to the Committee on Oversight and Reform
AN ACT
To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
Short title
This Act may be cited as the Construction Consensus Procurement Improvement Act of 2019
.
Prohibition on use of a reverse auction for the award of a contract for design and construction services
Finding
Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction.
Prohibition
Not later than 180 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 design and construction services.
Definitions
In this section:
The term design and construction services means—
site planning and landscape design;
architectural and engineering services (as defined in section 1102 of title 40, United States Code);
interior design;
performance of substantial construction work for facility, infrastructure, and environmental restoration projects;
delivery and supply of construction materials to construction sites; or
construction or substantial alteration of public buildings or public works.
The term reverse auction means, with respect to any procurement by an executive agency—
a real-time auction conducted through an electronic medium among 2 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; and
the award of the contract, delivery order, task order, or purchase order to the offeror is solely based on the price obtained through the auction process.
Passed the Senate December 19, 2019.
Julie E. Adams,
Secretary