[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[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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