Construction Consensus Procurement Improvement Act of 2016

Bill: 114-hr-5199
Sponsor: Rep. Meadows, Mark [R-NC-11]
Introduced: 2016-05-11 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Building construction
Congressional oversight
Government buildings, facilities, and property
Government studies and investigations
Office of Management and Budget (OMB)
Public contracts and procurement

Summary:
action_date: 2016-05-11
text: 

Construction Consensus Procurement Improvement Act of
 
2016

 
This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $750,000 or greater. But for contracts valued at less than $750,000, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract. 
 
Federal agencies must report, each year over a five-year period, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures.
 
The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process. 

action_date: 2016-07-14
text: 

Construction Consensus Procurement Improvement Act of
 
2016

 
(Sec. 3) This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract. 
 
Federal agencies must report, each year through FY2021, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures.
 
(Sec. 4) The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process. 


Legislative actions:
action_date: 2016-07-14
text: Placed on the Union Calendar, Calendar No. 535.
action_date: 2016-07-14
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-691.
action_date: 2016-07-14
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-691.
action_date: 2016-05-17
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2016-05-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-05-11
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2016-05-11
text: Introduced in House
action_date: 2016-05-11
text: Introduced in House