Construction Consensus Procurement Improvement Act of 2015

Bill: 114-s-1526
Sponsor: Sen. Portman, Rob [R-OH]
Introduced: 2015-06-08 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Building construction
Congressional oversight
Contracts and agency
Financial services and investments
Government buildings, facilities, and property
Government liability
Government studies and investigations
Military procurement, research, weapons development
Minority and disadvantaged businesses
Office of Management and Budget (OMB)
Public contracts and procurement
Small business

Summary:
action_date: 2015-06-08
text: 

Construction Consensus Procurement Improvement Act of 2015

 
Modifies criteria for the use of design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work. Requires the use of 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) when a contracting officer determines that a contract has a value of $750,000 or greater. Allows a contracting officer to make a determination, based on specified criteria, whether the use of two-phase selection procedures is appropriate for a contract having a value of less than $750,000. Requires a contracting officer to provide written documentation of how a maximum number exceeding five finalists in a solicitation for a contract is consistent with the purposes and objectives of two-phase selection procedures. 
 
Requires federal agency heads to report, each year over a five-year period, on each instance in which: (1) the agency awarded a design-build contract in which more than five finalists were selected for phase-two requests for proposals, or (2) a contract was awarded without using two-phase selection procedures. Requires the Government Accountability Office to report on agency compliance with design-build contract procedures.
 
Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to prohibit the use of reverse auctions for awarding contracts for construction and design services. Defines "reverse auction," with respect to procurement by an agency, as: (1) a real-time auction conducted through an electronic medium between a group of offerors who compete against each other by submitting bids for a contract or task order with the ability to submit revised bids throughout the course of the auction, and (2) the award of the contract or task order to the offeror who submits the lowest bid. 
 
Provides for the acceptance of a bond from an individual surety that is not subject to existing requirements governing corporate sureties.
 
Amends the Small Business Investment Act of 1958 to increase from 70% to 90% the amount of loss resulting from a breach of the terms of a bid, payment, or performance bond that is covered by a guarantee by the Small Business Administration.

action_date: 2016-10-27
text: 

Construction Consensus Procurement Improvement Act of
 
2015

 
(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 $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 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: 2016-10-27
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 656.
action_date: 2016-10-27
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson under authority of the order of the Senate of 09/29/2016 with an amendment in the nature of a substitute. With written report No. 114-366.
action_date: 2016-10-27
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson under authority of the order of the Senate of 09/29/2016 with an amendment in the nature of a substitute. With written report No. 114-366.
action_date: 2016-02-10
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-06-08
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2015-06-08
text: Introduced in Senate