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[Page S7229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2019
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 203, S. 1434.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1434) to prohibit the use of reverse auctions
for design and construction services procurements, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. McCONNELL. I ask unanimous consent that the Portman amendment at
the desk be considered and agreed to; that the bill, as amended, be
considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1269) was considered and agreed to as follows:
(Purpose: To modify the definition of reverse auction to cover the
awarding of contracts and orders that are based solely on the price
obtained through the auction process)
On page 3, line 12, strike ``, in whole or in part, based''
and insert ``is solely based''.
The bill, as amended, was ordered to be engrossed for a third
reading, was read the third time, and passed, as follows:
S. 1434
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Consensus
Procurement Improvement Act of 2019''.
SEC. 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.
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