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Senate Bill 1434
116th Congress(2019-2020)
Construction Consensus Procurement Improvement Act of 2019
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Passed Senate on Dec 19, 2019
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S. 1434 (Reported-in-Senate)

Calendar No. 203

116th CONGRESS
1st Session
S. 1434

[Report No. 116–100]


To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 13, 2019

Mr. Portman (for himself and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

September 10, 2019

Reported by Mr. Johnson, without amendment

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 Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Construction Consensus Procurement Improvement Act of 2019”.

SEC. 2. Prohibition on use of a reverse auction for the award of a contract for design and construction services.

(a) 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.

(b) 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.

(c) Definitions.—In this section:

(1) The term “design and construction services” means—

(A) site planning and landscape design;

(B) architectural and engineering services (as defined in section 1102 of title 40, United States Code);

(C) interior design;

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

(E) delivery and supply of construction materials to construction sites; or

(F) construction or substantial alteration of public buildings or public works.

(2) The term “reverse auction” means, with respect to any procurement by an executive agency—

(A) 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

(B) the award of the contract, delivery order, task order, or purchase order to the offeror, in whole or in part, based on the price obtained through the auction process.

Calendar No. 203

116th CONGRESS
     1st Session
S. 1434
[Report No. 116–100]
A BILL
To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
September 10, 2019
Reported without amendment