Construction Consensus Procurement Improvement Act of 2019

Bill: 116-s-1434
Sponsor: full_name: Sen. Portman, Rob [R-OH]
Introduced: 2019-05-13
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Architecture

Building construction

Government buildings, facilities, and property

Office of Management and Budget (OMB)

Public contracts and procurement
Latest action: action_date: 2019-12-23
text: Referred to the House Committee on Oversight and Reform.

Summaries:
action_date: 2019-05-13
action_desc: Introduced in Senate
text: <p><strong>Construction Consensus Procurement Improvement Act of</strong> <b>2019</b></p> <p>This bill prohibits the use of reverse auctions for awarding federal contracts for construction and design services. Generally, a reverse auction is one in which there are multiple sellers lowering their bids to win a supply or service contract.</p>

action_date: 2019-09-10
action_desc: Reported to Senate
text: <p><strong>Construction Consensus Procurement Improvement Act of</strong> <b>2019</b></p> <p>This bill prohibits the use of reverse auctions for awarding federal contracts for construction and design services. Generally, a reverse auction is one in which there are multiple sellers lowering their bids to win a supply or service contract.</p>

action_date: 2019-12-19
action_desc: Passed Senate
text: <p><strong>Construction Consensus Procurement Improvement Act of</strong> <b>2019</b></p> <p>This bill prohibits the use of reverse auctions for awarding federal contracts for construction and design services. Generally, a reverse auction is one in which there are multiple sellers lowering their bids to win a supply or service contract.</p>

tv_txt: II 116th CONGRESS 1st Session S. 1434 IN THE SENATE OF THE UNITED STATES May 13, 2019 Mr. Portman (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.

1. Short title This Act may be cited as the Construction Consensus Procurement Improvement Act of 2019 . 2. Prohibition on use of a reverse auction for the award of a contract for design and construction services (a) Finding Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for design and construction services. (c) Definitions In this section: (1) The term design and construction services means— (A) site planning and landscape design; (B) architectural and engineering services (as defined in section 1102 of title 40, United States Code); (C) interior design; (D) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; or (F) construction or substantial alteration of public buildings or public works. (2) The term reverse auction means, with respect to any procurement by an executive agency— (A) a real-time auction conducted through an electronic medium among 2 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; and (B) the award of the contract, delivery order, task order, or purchase order to the offeror, in whole or in part, based on the price obtained through the auction process.

tv_txt: II Calendar No. 203 116th CONGRESS 1st Session S. 1434 [Report No. 116–100] IN THE SENATE OF THE UNITED STATES May 13, 2019 Mr. Portman (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs September 10, 2019 Reported by Mr. Johnson , without amendment A BILL To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.

1. Short title This Act may be cited as the Construction Consensus Procurement Improvement Act of 2019 . 2. Prohibition on use of a reverse auction for the award of a contract for design and construction services (a) Finding Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for design and construction services. (c) Definitions In this section: (1) The term design and construction services means— (A) site planning and landscape design; (B) architectural and engineering services (as defined in section 1102 of title 40, United States Code); (C) interior design; (D) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; or (F) construction or substantial alteration of public buildings or public works. (2) The term reverse auction means, with respect to any procurement by an executive agency— (A) a real-time auction conducted through an electronic medium among 2 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; and (B) the award of the contract, delivery order, task order, or purchase order to the offeror, in whole or in part, based on the price obtained through the auction process.

September 10, 2019 Reported without amendment

tv_txt: 116th CONGRESS 1st Session S. 1434 IN THE SENATE OF THE UNITED STATES AN ACT To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.

1. Short title This Act may be cited as the Construction Consensus Procurement Improvement Act of 2019 . 2. Prohibition on use of a reverse auction for the award of a contract for design and construction services (a) Finding Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for design and construction services. (c) Definitions In this section: (1) The term design and construction services means— (A) site planning and landscape design; (B) architectural and engineering services (as defined in section 1102 of title 40, United States Code); (C) interior design; (D) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; or (F) construction or substantial alteration of public buildings or public works. (2) The term reverse auction means, with respect to any procurement by an executive agency— (A) a real-time auction conducted through an electronic medium among 2 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; and (B) the award of the contract, delivery order, task order, or purchase order to the offeror is solely based on the price obtained through the auction process.

Passed the Senate December 19, 2019. Secretary

tv_txt: IC 116th CONGRESS 1st Session S. 1434 IN THE HOUSE OF REPRESENTATIVES December 23, 2019 Referred to the Committee on Oversight and Reform AN ACT To prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.

1. Short title This Act may be cited as the Construction Consensus Procurement Improvement Act of 2019 . 2. Prohibition on use of a reverse auction for the award of a contract for design and construction services (a) Finding Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for design and construction services. (c) Definitions In this section: (1) The term design and construction services means— (A) site planning and landscape design; (B) architectural and engineering services (as defined in section 1102 of title 40, United States Code); (C) interior design; (D) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; or (F) construction or substantial alteration of public buildings or public works. (2) The term reverse auction means, with respect to any procurement by an executive agency— (A) a real-time auction conducted through an electronic medium among 2 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; and (B) the award of the contract, delivery order, task order, or purchase order to the offeror is solely based on the price obtained through the auction process.

Passed the Senate December 19, 2019. Julie E. Adams, Secretary