summary
Introduced
06/08/2015
06/08/2015
In Committee
02/10/2016
02/10/2016
Crossed Over
Passed
Dead
01/03/2017
01/03/2017
Introduced Session
114th Congress
Bill Summary
Construction Consensus Procurement Improvement Act of 2015 Modifies criteria for the use of design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work. Requires the use of 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) when a contracting officer determines that a contract has a value of $750,000 or greater. Allows a contracting officer to make a determination, based on specified criteria, whether the use of two-phase selection procedures is appropriate for a contract having a value of less than $750,000. Requires a contracting officer to provide written documentation of how a maximum number exceeding five finalists in a solicitation for a contract is consistent with the purposes and objectives of two-phase selection procedures. Requires federal agency heads to report, each year over a five-year period, on each instance in which: (1) the agency awarded a design-build contract in which more than five finalists were selected for phase-two requests for proposals, or (2) a contract was awarded without using two-phase selection procedures. Requires the Government Accountability Office to report on agency compliance with design-build contract procedures. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to prohibit the use of reverse auctions for awarding contracts for construction and design services. Defines "reverse auction," with respect to procurement by an agency, as: (1) a real-time auction conducted through an electronic medium between a group of offerors who compete against each other by submitting bids for a contract or task order with the ability to submit revised bids throughout the course of the auction, and (2) the award of the contract or task order to the offeror who submits the lowest bid. Provides for the acceptance of a bond from an individual surety that is not subject to existing requirements governing corporate sureties. Amends the Small Business Investment Act of 1958 to increase from 70% to 90% the amount of loss resulting from a breach of the terms of a bid, payment, or performance bond that is covered by a guarantee by the Small Business Administration.
AI Summary
This bill, the Construction Consensus Procurement Improvement Act of 2015, aims to enhance how the government awards contracts for construction and design services. It mandates the use of a "two-phase selection procedure" for contracts valued at $750,000 or more, which involves initially evaluating a company's qualifications and then requesting price and technical proposals. For contracts below this threshold, contracting officers can decide if this two-phase process is appropriate based on specific criteria. The bill also requires agencies to justify and document any instances where more than five finalists are selected for the second phase of this process and to report annually on such cases, as well as on contracts awarded without using the two-phase method. Furthermore, it prohibits the use of "reverse auctions," a real-time electronic bidding process where offerors compete by submitting progressively lower bids with the contract awarded to the lowest bidder, for construction and design services, deeming them generally unsuitable for these types of projects. The bill also introduces provisions for accepting bonds from individual sureties and increases the Small Business Administration's guarantee for losses on certain bonds from 70% to 90%. Finally, it directs the Government Accountability Office (GAO) to report on agency compliance with these new design-build contract procedures.
Committee Categories
Military Affairs and Security
Sponsors (4)
Last Action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 656. (on 10/27/2016)
Official Document
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