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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2751

To amend the Small Business Act to prohibit the use of reverse auctions 
           for design and construction services procurements.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2013

     Mr. Hanna (for himself, Mr. Graves of Missouri, and Ms. Meng) 
 introduced the following bill; which was referred to the Committee on 
                             Small Business

_______________________________________________________________________

                                 A BILL

 
To amend the Small Business Act to prohibit the use of reverse auctions 
           for design and construction services procurements.

    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 ``Commonsense Construction Contracting 
Act of 2013''.

SEC. 2. REVERSE AUCTIONS PROHIBITED FOR CONTRACTS FOR DESIGN AND 
              CONSTRUCTION SERVICES.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 47 as section 48; and
            (2) by inserting after section 46 the following:

``SEC. 47. REVERSE AUCTIONS PROHIBITED FOR CONTRACTS FOR DESIGN AND 
              CONSTRUCTION SERVICES.

    ``(a) In General.--In the case of any contract for design and 
construction services, reverse auction methods may not be used if the 
contract--
            ``(1) is suitable for award to a small business concern; or
            ``(2) if the award is to be made under--
                    ``(A) section 8(a);
                    ``(B) section 8(m);
                    ``(C) section 15(a);
                    ``(D) section 15(j);
                    ``(E) section 31; or
                    ``(F) section 36.
    ``(b) Definitions.--For purposes of this section--
            ``(1) The term `reverse auction' means, with respect to 
        procurement by an agency, a real-time auction on the Internet 
        between a group of offerors who compete against each other by 
        submitting bids for a contract or task order with the ability 
        to submit revised bids throughout the course of the auction, 
        and the award being made to the offeror who submits the lowest 
        bid.
            ``(2) The term `design and construction services' means--
                    ``(A) site planning and landscape design;
                    ``(B) architectural and interior design;
                    ``(C) engineering system design;
                    ``(D) performance of construction work for 
                facility, infrastructure, and environmental restoration 
                projects;
                    ``(E) delivery and supply of construction materials 
                to construction sites; and
                    ``(F) construction, alteration, or repair, 
                including painting and decorating, of public buildings 
                and public works.''.
                                 <all>
```