IB 
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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A BILL 
To amend the Small Business Act to prohibit the use of 
reverse auctions for design and construction services pro-
curements. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commonsense Con-
struction 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 CON-
TRACTS 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); 
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‘‘(E) section 31; or 
‘‘(F) section 36. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) The term ‘reverse auction’ means, with re-
spect to procurement by an agency, a real-time auc-
tion 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 re-
vised 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 serv-
ices’ 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 res-
toration projects; 
‘‘(E) delivery and supply of construction 
materials to construction sites; and 
‘‘(F) construction, alteration, or repair, in-
cluding painting and decorating, of public build-
ings and public works.’’. 
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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 
use of reverse auctions for design and construc-
tion services procurements. 
DECEMBER 11, 2014 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
22:49 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H2751.RH
H2751
ebenthall on DSK5SPTVN1PROD with BILLS