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. 
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 ‘‘Construction Con-
sensus Procurement Improvement Act of 2020’’. 
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SEC. 2. PROHIBITION ON USE OF A REVERSE AUCTION FOR 
THE AWARD OF A CONTRACT FOR COMPLEX, 
SPECIALIZED, OR SUBSTANTIAL DESIGN AND 
CONSTRUCTION SERVICES. 
(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 Act, 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 Act, the Fed-
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eral Acquisition Regulation shall be amended to pro-
hibit the use of reverse auctions for awarding con-
tracts for complex, specialized, or substantial design 
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 Act, the Federal Acquisi-
tion Regulatory Council shall promulgate a definition of 
complex, specialized, or substantial design and construc-
tion 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; 
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(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 Act 
shall be construed to restrict the use of reverse auctions 
for the procurement of other goods and services except as 
specifically provided for under this Act. 
(f) REPORT.—Not later than two years after the date 
of the enactment of this Act, the Administrator of the 
General Services Administration shall submit to the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Oversight and Re-
form of the House of Representatives a report on the ef-
fectiveness of this Act in delivering complex, specialized, 
or substantial design and construction services to the 
United States Government. 
Æ 
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