Library / Laws / 113th / hr / H.R. 2751 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2751
IN THE HOUSE OF REPRESENTATIVES
July 19, 2013
Mr. Hanna (for
himself, Mr. Graves of Missouri, and
Ms. Meng) introduced the following
bill; which was referred to the Committee
on Small Business
A BILL
To amend the Small Business Act to prohibit the use of
reverse auctions for design and construction services
procurements.
1.
Short title
This Act may be cited as the
Commonsense Construction Contracting
Act of 2013.
2.
Reverse auctions
prohibited for contracts for design and construction services
The Small Business Act (15 U.S.C. 631 et
seq.) is amended—
(1) by redesignating
section 47 as section 48; and
(2) by inserting after
section 46 the following:
47.
Reverse auctions
prohibited for contracts for design and construction services
(a)
In
general
In the case of any
contract for design and construction services, reverse auction methods may not
be used if the contract—
(1) is suitable for
award to a small business concern; or
(2) if the award is to
be made under—
(A) section
8(a);
(B) section
8(m);
(C) section
15(a);
(D) section
15(j);
(E) section 31;
or
(F) section 36.
(b)
Definitions
For purposes of this section—
(1) The term
reverse auction means, with respect to procurement by an agency,
a real-time auction on the Internet 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 the
award being made to the offeror who submits the lowest bid.
(2) The term
design and construction services means—
(A) site planning and
landscape design;
(B) architectural and
interior design;
(C) engineering system
design;
(D) performance of
construction work for facility, infrastructure, and environmental restoration
projects;
(E) delivery and
supply of construction materials to construction sites; and
(F) construction,
alteration, or repair, including painting and decorating, of public buildings
and public works.
.