I 

116TH CONGRESS 

2D SESSION H. R. 8955 

To prohibit the use of reverse auctions for design and construction services 

procurements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2020 

Mr. COMER (for himself and Mr. KHANNA) introduced the following bill; which 

was referred to the Committee on Oversight and Reform 

A BILL 

To prohibit the use of reverse auctions for design and 

construction services procurements, and for other purposes. 

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 ‘‘Construction Con5 sensus Procurement Improvement Act of 2020’’. 


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1 SEC. 2. PROHIBITION ON USE OF A REVERSE AUCTION FOR 

2 THE AWARD OF A CONTRACT FOR COMPLEX, 

3 SPECIALIZED, OR SUBSTANTIAL DESIGN AND 

4 CONSTRUCTION SERVICES. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) In contrast to a traditional auction in which 

8 the buyers bid up the price, sellers bid down the 

9 price in a reverse auction. 

10 (2) Reverse auctions, while providing value for 

11 the vast majority of Federal acquisitions, including 

12 certain construction-related acquisitions, are limited 

13 in value for complex, specialized, or substantial de14 sign and construction services. 

15 (b) REVERSE AUCTION DEFINED.—In this Act, the 

16 term ‘‘reverse auction’’ means, with respect to any pro17 curement by an executive agency, a real-time auction gen18 erally conducted through an electronic medium among two 

19 or more offerors who compete by submitting bids for a 

20 supply or service contract, or a delivery order, task order, 

21 or purchase order under the contract, with the ability to 

22 submit revised lower bids at any time before the closing 

23 of the auction. 

24 (c) PROHIBITION.— 

25 (1) IN GENERAL.—Not later than 270 days 

26 after the date of the enactment of this Act, the FedVerDate Sep 11 2014 22:34 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8955.IH H8955

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1 eral Acquisition Regulation shall be amended to pro2 hibit the use of reverse auctions for awarding con3 tracts for complex, specialized, or substantial design 

4 and construction services. 

5 (2) APPLICABILITY TO ACQUISITIONS ABOVE

6 THE SIMPLIFIED ACQUISITION THRESHOLD.—The 

7 prohibition on reverse auctions for complex, special8 ized, or substantial design and construction services 

9 shall apply only to acquisitions above the simplified 

10 acquisition threshold (SAT) for construction and de11 sign services pursuant to part 36 of the Federal Ac12 quisition Regulation. 

13 (d) RULEMAKING FOR COMPLEX, SPECIALIZED, OR

14 SUBSTANTIAL SERVICES.—Not later than 180 days after 

15 the date of the enactment of this Act, the Federal Acquisi16 tion Regulatory Council shall promulgate a definition of 

17 complex, specialized, or substantial design and construc18 tion services, which shall include— 

19 (1) site planning and landscape design; 

20 (2) architectural and engineering services (as 

21 defined in section 1102 of title 40, United States 

22 Code); 

23 (3) interior design; 


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1 (4) performance of substantial construction 

2 work for facility, infrastructure, and environmental 

3 restoration projects; and 

4 (5) construction or substantial alteration of 

5 public buildings or public works. 

6 (e) RULE OF CONSTRUCTION.—Nothing in this Act 

7 shall be construed to restrict the use of reverse auctions 

8 for the procurement of other goods and services except as 

9 specifically provided for under this Act. 

10 (f) REPORT.—Not later than two years after the date 

11 of the enactment of this Act, the Administrator of the 

12 General Services Administration shall submit to the Com13 mittee on Homeland Security and Governmental Affairs 

14 of the Senate and the Committee on Oversight and Re15 form of the House of Representatives a report on the ef16 fectiveness of this Act in delivering complex, specialized, 

17 or substantial design and construction services to the 

18 United States Government. 

Æ 


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