summary
Introduced
05/11/2016
05/11/2016
In Committee
05/17/2016
05/17/2016
Crossed Over
Passed
Dead
01/03/2017
01/03/2017
Introduced Session
114th Congress
Bill Summary
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.
AI Summary
This bill, the Construction Consensus Procurement Improvement Act of 2016, modifies how federal agencies award contracts for designing and building public facilities. For projects valued at $3 million or more (adjusted for inflation), agencies must use a two-phase selection process, which involves submitting qualifications first, followed by price and technical proposals. For projects valued under $3 million, agencies can use this two-phase process if the contracting officer anticipates at least three offers and determines it's appropriate based on factors like project definition, time constraints, and contractor capabilities. The bill also mandates that agencies report annually for five years on instances where more than five finalists were chosen for the second phase or when the two-phase process wasn't used, and the Government Accountability Office will review agency compliance. Crucially, the bill prohibits the use of "reverse auctions" in the two-phase selection process for design and construction services; a reverse auction is defined as a real-time electronic auction where multiple bidders compete by lowering their prices until the contract is awarded to the lowest bidder.
Committee Categories
Government Affairs
Sponsors (3)
Last Action
Placed on the Union Calendar, Calendar No. 535. (on 07/14/2016)
Official Document
bill text
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