Bill > S1526

Introduced Session

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.

Committee Categories

Rob Portman (R)*,  Kelly Ayotte (R),  Mazie Hirono (D),  Jeanne Shaheen (D), 

Placed on Senate Legislative Calendar under General Orders. Calendar No. 656. (on 10/27/2016)

Official Document