SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Construction Con-
sensus Procurement Improvement Act of 2021’’. 
SEC. 2. AMENDMENT. 
Section 402 of title IV of division U of the Consoli-
dated Appropriations Act, 2021, is amended to read as 
follows: 
‘‘PROHIBITION ON USE OF A REVERSE AUCTION FOR THE 
AWARD OF A CONTRACT FOR COMPLEX, SPECIAL-
IZED, OR SUBSTANTIAL DESIGN AND CONSTRUCTION 
SERVICES 
‘‘SEC. 402. 
‘‘(a) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) In contrast to a traditional auction in 
which the buyers bid up the price, sellers bid down 
the price in a reverse auction. 
‘‘(2) Reverse auctions, while providing value for 
the vast majority of Federal acquisitions, including 
certain construction-related acquisitions, are limited 
in value for complex, specialized, or substantial de-
sign and construction services. 
‘‘(b) REVERSE AUCTION DEFINED.—In this section, 
the term ‘reverse auction’ means, with respect to any pro-
curement by an executive agency, a real-time auction gen-
erally conducted through an electronic medium among two
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. 
‘‘(c) PROHIBITION.— 
‘‘(1) IN GENERAL.—Not later than 270 days 
after the date of the enactment of this section, the 
Federal Acquisition Regulation shall be amended to 
prohibit the use of reverse auctions for awarding 
contracts for complex, specialized, or substantial de-
sign and construction services. 
‘‘(2) APPLICABILITY TO ACQUISITIONS ABOVE 
THE
SIMPLIFIED
ACQUISITION
THRESHOLD.—The 
prohibition on reverse auctions for complex, special-
ized, or substantial design and construction services 
shall apply only to acquisitions above the simplified 
acquisition threshold (SAT) for construction and de-
sign services pursuant to part 36 of the Federal Ac-
quisition Regulation. 
‘‘(d) RULEMAKING FOR COMPLEX, SPECIALIZED, OR 
SUBSTANTIAL SERVICES.—Not later than 180 days after 
the date of the enactment of this section, the Federal Ac-
quisition Regulatory Council shall promulgate a definition
of complex, specialized, or substantial design and con-
struction services, which shall include— 
‘‘(1) site planning and landscape design; 
‘‘(2) architectural and engineering services (as 
defined in section 1102 of title 40, United States 
Code); 
‘‘(3) interior design; 
‘‘(4) performance of substantial construction 
work for facility, infrastructure, and environmental 
restoration projects; and 
‘‘(5) construction or substantial alteration of 
public buildings or public works. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to restrict the use of reverse auc-
tions for the procurement of other goods and services ex-
cept as specifically provided for under this section. 
‘‘(f) REPORT.—Not later than two years after the 
date of the enactment of this section, the Administrator 
of General Services shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Oversight and Reform of the 
House of Representatives a report on the effectiveness of 
this section in delivering complex, specialized, or substan-
tial design and construction services to the United States 
Government.’’.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives January 5, 
2021. 
Attest: 
Clerk.
117TH CONGRESS 
1ST SESSION 
H. R. 26 
AN ACT 
To amend the Consolidated Appropriations Act, 
2021, to correct a provision on the prohibition on 
the use of a reverse auction, and for other pur-
poses.