[117th Congress Public Law 28]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 304]]
Public Law 117-28
117th Congress
An Act
To amend the Consolidated Appropriations Act, 2021, to correct a
provision on the prohibition on the use of a reverse auction, and for
other purposes. <<NOTE: July 26, 2021 - [H.R. 26]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Construction
Consensus Procurement Improvement Act of 2021.>>
SECTION 1. <<NOTE: 41 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Construction Consensus Procurement
Improvement Act of 2021''.
SEC. 2. AMENDMENT.
Section 402 of title IV of division U of the Consolidated
Appropriations Act, 2021, <<NOTE: 41 USC 3309 note.>> is amended to
read as follows:
``prohibition on use of a reverse auction for the award of a contract
for complex, specialized, or substantial design and construction
services
``Sec. 402.
``(a) Findings.--Congress makes the following findings:
``(1) In contrast to a traditional auction in which the
buyers bid up the price, sellers bid down the price in a reverse
auction.
``(2) Reverse auctions, while providing value for the vast
majority of Federal acquisitions, including certain
construction-related acquisitions, are limited in value for
complex, specialized, or substantial design and construction
services.
``(b) Reverse Auction Defined.--In this section, the term `reverse
auction' means, with respect to any procurement by an executive agency,
a real-time auction generally conducted through an electronic medium
among two 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.
``(c) Prohibition.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 270
days after the date of the enactment of this section, the
Federal Acquisition Regulation shall be amended to prohibit the
use of reverse auctions for awarding contracts for complex,
specialized, or substantial design and construction services.
``(2) Applicability to acquisitions above the simplified
acquisition threshold.--The prohibition on reverse auctions for
complex, specialized, or substantial design and construction
services shall apply only to acquisitions above the simplified
acquisition threshold (SAT) for construction and design services
pursuant to part 36 of the Federal Acquisition Regulation.
[[Page 135 STAT. 305]]
``(d) <<NOTE: Deadline. Definition. 41 USC 3309 note.>> Rulemaking
for Complex, Specialized, or Substantial Services.--Not later than 180
days after the date of the enactment of this section, the Federal
Acquisition Regulatory Council shall promulgate a definition of complex,
specialized, or substantial design and construction services, which
shall include--
``(1) site planning and landscape design;
``(2) architectural and engineering services (as defined in
section 1102 of title 40, United States Code);
``(3) interior design;
``(4) performance of substantial construction work for
facility, infrastructure, and environmental restoration
projects; and
``(5) construction or substantial alteration of public
buildings or public works.
``(e) Rule of Construction.--Nothing in this section shall be
construed to restrict the use of reverse auctions for the procurement of
other goods and services except as specifically provided for under this
section.
``(f) Report.--Not later than two years after the date of the
enactment of this section, the Administrator of General Services shall
submit to the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Reform of the House of
Representatives a report on the effectiveness of this section in
delivering complex, specialized, or substantial design and construction
services to the United States Government.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved July 26, 2021.
LEGISLATIVE HISTORY--H.R. 26:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Jan. 5, considered and passed House.
July 13, considered and passed Senate.
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