[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Page S3719]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 709. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title VIII, add the following:

     SEC. 811. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE 
                   AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION 
                   SERVICES.

       (a) 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.
       (b) 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; and
       (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.
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