Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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3309 | 41:253m. | June 30, 1949, ch. 288, title III, § 303M, as added Pub. L. 104–106, div. D, title XLI, § 4105(b)(1), Feb. 10, 1996, 110 Stat. 647. |
In subsections (a) and (c)(1), the words “sections 1101 to 1104 of title 40” are substituted for “the Brooks Architect-Engineers Act (title IX of this Act)” and “the Brooks Architect-Engineers Act (40 U.S.C. 541 et seq.)”, respectively, because of [section 5(c) of Public Law 107–217] (40 U.S.C. note prec. 101) and for consistency with title 40.
In subsection (c)(5), the reference to section 253b of this title is limited to chapter 37 of the revised title for clarity.
Prohibition on Use of a Reverse Auction for the Award of a Contract for Complex, Specialized, or Substantial Design and Construction Services
[Pub. L. 116–260, div. U, title IV, § 402], Dec. 27, 2020, [134 Stat. 2292], as amended by [Pub. L. 117–28, § 2], July 26, 2021, [135 Stat. 304], provided that:“(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)
In general.—
Not later than 270 days after the date of the enactment of this section [July 26, 2021], 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.
“(d)
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;
“(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 [now Committee on Oversight and Accountability] 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.”