I 

117TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2021 

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

was referred to the Committee on Oversight and Reform, and in addition 

to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

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 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 26 IH

1 SEC. 2. AMENDMENT. 

2 Section 402 of title IV of division U of the Consoli3 dated Appropriations Act, 2021, is amended to read as 

4 follows: 

5 ‘‘PROHIBITION ON USE OF A REVERSE AUCTION FOR THE

6 AWARD OF A CONTRACT FOR COMPLEX, SPECIAL7 IZED, OR SUBSTANTIAL DESIGN AND CONSTRUCTION

8 SERVICES

9 ‘‘SEC. 402. 

10 ‘‘(a) FINDINGS.—Congress makes the following find11 ings: 

12 ‘‘(1) In contrast to a traditional auction in 

13 which the buyers bid up the price, sellers bid down 

14 the price in a reverse auction. 

15 ‘‘(2) Reverse auctions, while providing value for 

16 the vast majority of Federal acquisitions, including 

17 certain construction-related acquisitions, are limited 

18 in value for complex, specialized, or substantial de19 sign and construction services. 

20 ‘‘(b) REVERSE AUCTION DEFINED.—In this section, 

21 the term ‘reverse auction’ means, with respect to any pro22 curement by an executive agency, a real-time auction gen23 erally conducted through an electronic medium among two 

24 or more offerors who compete by submitting bids for a 

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

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


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 26 IH

1 submit revised lower bids at any time before the closing 

2 of the auction. 

3 ‘‘(c) PROHIBITION.— 

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

5 after the date of the enactment of this section, the 

6 Federal Acquisition Regulation shall be amended to 

7 prohibit the use of reverse auctions for awarding 

8 contracts for complex, specialized, or substantial de9 sign and construction services. 

10 ‘‘(2) APPLICABILITY TO ACQUISITIONS ABOVE

11 THE SIMPLIFIED ACQUISITION THRESHOLD.—The 

12 prohibition on reverse auctions for complex, special13 ized, or substantial design and construction services 

14 shall apply only to acquisitions above the simplified 

15 acquisition threshold (SAT) for construction and de16 sign services pursuant to part 36 of the Federal Ac17 quisition Regulation. 

18 ‘‘(d) RULEMAKING FOR COMPLEX, SPECIALIZED, OR

19 SUBSTANTIAL SERVICES.—Not later than 180 days after 

20 the date of the enactment of this section, the Federal Ac21 quisition Regulatory Council shall promulgate a definition 

22 of complex, specialized, or substantial design and con23 struction services, which shall include— 

24 ‘‘(1) site planning and landscape design; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 26 IH

1 ‘‘(2) architectural and engineering services (as 

2 defined in section 1102 of title 40, United States 

3 Code); 

4 ‘‘(3) interior design; 

5 ‘‘(4) performance of substantial construction 

6 work for facility, infrastructure, and environmental 

7 restoration projects; and 

8 ‘‘(5) construction or substantial alteration of 

9 public buildings or public works. 

10 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to restrict the use of reverse auc12 tions for the procurement of other goods and services ex13 cept as specifically provided for under this section. 

14 ‘‘(f) REPORT.—Not later than two years after the 

15 date of the enactment of this section, the Administrator 

16 of General Services shall submit to the Committee on 

17 Homeland Security and Governmental Affairs of the Sen18 ate and the Committee on Oversight and Reform of the 

19 House of Representatives a report on the effectiveness of 

20 this section in delivering complex, specialized, or substan21 tial design and construction services to the United States 

22 Government.’’. 

23 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

24 The budgetary effects of this Act, for the purpose of 

25 complying with the Statutory Pay-As-You-Go Act of 2010, 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 26 IH

1 shall be determined by reference to the latest statement 

2 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the House Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS