Construction Consensus Procurement Improvement Act of 2021

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 26) 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.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the measure before us.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I thank Representatives Comer and Khanna for their work on this bipartisan bill, and I thank Senators Portman and Peters for their work on last year's Senate companion.

This measure would correct a provision of the Consolidated Appropriations Act for fiscal year 2021 that was incorrectly inserted into the law.

The language of this bill had been carefully crafted by the House Oversight and Reform Committee and the Senate Committee on Homeland Security and Governmental Affairs over many months prior to the agreement to include it in last year's Consolidated Appropriations Act. The bill you see before you today honors that agreement and resolves the drafting error.

The bill would prohibit the use of reverse auctions for the procurement of complex, specialized, or substantial design and construction services procured by the Federal Government.

Such services would include site planning, architectural and engineering services, interior design, construction or substantial alteration of public buildings or public works, and substantial construction work for facility, infrastructure, and environmental restoration projects.

Reverse auctions are generally a valuable tool to ensure the responsible stewardship of taxpayer dollars through the acquisition process.

In a reverse auction, a buyer seeking a good or service--in this case the Federal Government--solicits bids. Multiple sellers offer bids and the seller with the lowest bid wins the competition.

However, in the specific instance of complex, specialized, or substantial design and construction services, the use of reverse auctions can be problematic. While the lowest price is often the goal for standardized goods and services, it is not the only factor that should be considered for these unique projects.

Quality is also an important evaluation factor, especially for complex services, like design-build contracts for major public buildings or works.

This bill would not prevent contracting officers from considering price in evaluating proposals for complex construction services, just the use of reverse auctions designed to achieve the lowest price without regard to quality.

Mr. Speaker, I urge Members to support this bill, and I reserve the balance of my time.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I urge passage of H.R. 26, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 26, the Construction Consensus Procurement Improvement Act of 2021. This bill would prohibit the Federal Government's use of reverse auctions for complex design and construction services. A reverse auction is one where the sellers bid down the price instead of the buyers driving up the price. Most often, the contractor with the lowest bid wins the contract. While we all wish for the Federal Government to get the lowest price, it is important that these complex projects are done properly, on time, and on budget.

Reverse auctions are not always appropriate for the types of services this bill deals with because design-build or complex construction projects often have variables which cannot be contemplated during the original bidding process.

The use of reverse auctions can often result in products that are subpar and, ultimately, over budget. Often, the winning low bid is nowhere near the final cost to the government after unanticipated factors lead to time and budget overruns.

Specifically, the Office of Federal Procurement Policy found that, for complex design and construction contracts, the expertise required to complete these projects was not built in to reverse auction bids.

Construction projects have a high degree of variability and the reverse auction process often does not yield the low costs intended for the taxpayer. This legislation is tailored to ensure that products and services which do not benefit from the reverse auction process will not be affected.

Going forward, we must continue to fight for the best possible products at the best price to the taxpayer. That includes ensuring benefits are brought to our constituents on time and on budget. This legislation will help to achieve that.

Mr. Speaker, I thank my colleague, Representative Ro Khanna, for his work and support on this legislation. I urge my colleagues to support the bill, and I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Kentucky (Mr. Comer).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, this is a sensible and needed bipartisan reform. I am hopeful to see similar bipartisan procurement reform bills this Congress, and I urge my colleagues to support this legislation.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise in strong support of my bill, H.R. 26, the Construction Consensus Procurement Improvement Act of 2021.

It is vitally important that the Federal Government procure complex design and construction services that remain on time and on budget. This bill would prevent the Federal reverse auctions procurement process from being used for complex projects. Using reverse auctions for major construction projects only causes problems, such as delays and wasteful spending.

Who pays the price?

The taxpayer.

The Federal Government must be good stewards of taxpayer dollars and get the best possible services for the best price. As ranking member of the Committee on Oversight and Reform, I want to continue to deliver savings to the taxpayer and make stakeholder interaction with the government much easier, and H.R. 26 does just that.

This bill is the result of strong bipartisan, bicameral negotiations and the hard work of many private sector groups. I thank Senator Portman for his hard work on this legislation last Congress. I am also thankful for the support of my Committee on Oversight and Reform colleague, Mr. Khanna.

Mr. Speaker, I would also like to particularly thank the Construction Industry Procurement Coalition, the Association of General Contractors, the Design-Build Institute of America, the American Subcontractors Association, and numerous others for their hard work on this legislation.

I look forward to continuing to work with the majority to advance commonsense legislation to make government more efficient and effective. I encourage the Senate to quickly consider this bill and send it to the President's desk.

Mr. Speaker, I urge my House colleagues to support H.R. 26.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be discharged from further consideration of H.R. 26 and the Senate proceed to its immediate consideration.

I ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.