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Bill114th CongressFiled May 11, 2016Government Operations and Politics
H.R. 5199

Construction Consensus Procurement Improvement Act of 2016

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Under committee review

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What it doesSummary reported to house with amendment(s) (Jul 14, 2016)

Construction Consensus Procurement Improvement Act of 2016

(Sec. 3) This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract.

Federal agencies must report, each year through FY2021, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures.

(Sec. 4) The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process.

What just happenedJul 14, 2016

Placed on the Union Calendar, Calendar No. 535.

Who’s behind it

Rep. Meadows, Mark [R-NC-11](R-NC)Sponsor
2 cosponsors2 R
Read on Congress.gov
2cosponsors1committees8actions2related bills7subjects
  1. Jul 14, 2016CalendarsH12410

    Placed on the Union Calendar, Calendar No. 535.

  2. Jul 14, 2016CommitteeH12200

    Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-691.

    Oversight and Accountability Committee
  3. Jul 14, 2016Committee5000

    Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-691.

    Oversight and Accountability Committee
  4. May 17, 2016Committee

    Ordered to be Reported (Amended) by Voice Vote.

    Oversight and Accountability Committee
  5. May 17, 2016Committee

    Committee Consideration and Mark-up Session Held.

    Oversight and Accountability Committee
  6. May 11, 2016IntroReferralH11100

    Referred to the House Committee on Oversight and Government Reform.

    Oversight and Accountability Committee
  7. May 11, 2016IntroReferralIntro-H

    Introduced in House

  8. May 11, 2016IntroReferral1000

    Introduced in House

Reported to House with amendment(s)Jul 14, 201617

Construction Consensus Procurement Improvement Act of 2016

(Sec. 3) This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract.

Federal agencies must report, each year through FY2021, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures.

(Sec. 4) The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process.

Introduced in HouseMay 11, 2016

Construction Consensus Procurement Improvement Act of 2016

This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $750,000 or greater. But for contracts valued at less than $750,000, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract.

Federal agencies must report, each year over a five-year period, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures.

The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process.

Construction Consensus Procurement Improvement Act of 2016 — Informed