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Union Calendar No. 497 

113TH CONGRESS 

2D SESSION H. R. 2751 

[Report No. 113–660] 

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 

DECEMBER 11, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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2 

•HR 2751 RH

A BILL 

To amend the Small Business Act to prohibit the use of 

reverse auctions for design and construction services procurements. 


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•HR 2751 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commonsense Con5 struction Contracting Act of 2013’’. 

6 SEC. 2. REVERSE AUCTIONS PROHIBITED FOR CONTRACTS 

7 FOR DESIGN AND CONSTRUCTION SERVICES. 

8 The Small Business Act (15 U.S.C. 631 et seq.) is 

9 amended— 

10 (1) by redesignating section 47 as section 48; 

11 and 

12 (2) by inserting after section 46 the following: 

13 ‘‘SEC. 47. REVERSE AUCTIONS PROHIBITED FOR CON14 TRACTS FOR DESIGN AND CONSTRUCTION 

15 SERVICES. 

16 ‘‘(a) IN GENERAL.—In the case of any contract for 

17 design and construction services, reverse auction methods 

18 may not be used if the contract— 

19 ‘‘(1) is suitable for award to a small business 

20 concern; or 

21 ‘‘(2) if the award is to be made under— 

22 ‘‘(A) section 8(a); 

23 ‘‘(B) section 8(m); 

24 ‘‘(C) section 15(a); 

25 ‘‘(D) section 15(j); 


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•HR 2751 RH

1 ‘‘(E) section 31; or 

2 ‘‘(F) section 36. 

3 ‘‘(b) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) The term ‘reverse auction’ means, with re5 spect to procurement by an agency, a real-time auc6 tion on the Internet between a group of offerors who 

7 compete against each other by submitting bids for a 

8 contract or task order with the ability to submit re9 vised bids throughout the course of the auction, and 

10 the award being made to the offeror who submits 

11 the lowest bid. 

12 ‘‘(2) The term ‘design and construction serv13 ices’ means— 

14 ‘‘(A) site planning and landscape design; 

15 ‘‘(B) architectural and interior design; 

16 ‘‘(C) engineering system design; 

17 ‘‘(D) performance of construction work for 

18 facility, infrastructure, and environmental res19 toration projects; 

20 ‘‘(E) delivery and supply of construction 

21 materials to construction sites; and 

22 ‘‘(F) construction, alteration, or repair, in23 cluding painting and decorating, of public build24 ings and public works.’’. 


ebenthall on DSK5SPTVN1PROD with BILLS

ebenthall on DSK5SPTVN1PROD with BILLS
Union Calendar No. 497 

113TH CONGRESS 

2D SESSION H. R. 2751 

[Report No. 113–660] 

A BILL 

To amend the Small Business Act to prohibit the 

tion services procurements. use of reverse auctions for design and construcDECEMBER 11, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ebenthall on DSK5SPTVN1PROD with BILLS