United States 117th Congress ✓ Enacted · P.L. 117-28 Bipartisan · 1 R · 1 D cosponsors

HR 26 — Construction Consensus Procurement Improvement Act of 2021

Last action — Became Public Law No: 117-28.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Construction Consensus Procurement Improvement Act of 2021 This bill prohibits the federal government from using reverse auctions for complex, specialized, or substantial design and construction services. Reverse auctions allow the sellers to bid down the price of a project and typically result in the contractor with the lowest bid winning the contract. The Federal Acquisition Regulatory Council must define complex, specialized, or substantial design and construction services. The General Services Administration shall report to specified congressional committees on this bill's effectiveness.

Bill Text

What changed in the latest version

45 added · 47 removed

Plain-language change summary

The bill has been amended to include directives related to the use of reverse auctions for contract awards in federal procurement. Specifically, the updated text mandates that the Federal Acquisition Regulation be amended to prohibit reverse auctions for complex, specialized, or substantial design and construction services. This change will impact how contracts in those areas are awarded, shifting away from a bidding system that allows bids to be revised until the auction closes.

→
Previous
Latest
[Congressional Bills 117th Congress] [From the U.S.
[117th Congress Public Law 28] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 135 STAT.
26 Referred in Senate (RFS)] <DOC> 117th CONGRESS 1st Session H.
304]] Public Law 117-28 117th Congress An Act To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes.
R.
<<NOTE:
26 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 6, 2021 Received;
July 26, 2021 - [H.R.
read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes.
26]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Construction Consensus Procurement Improvement Act of 2021.>> SECTION 1.
SHORT TITLE.
<<NOTE:
41 USC 101 note.>> SHORT TITLE.
Section 402 of title IV of division U of the Consolidated Appropriations Act, 2021, is amended to read as follows:
Section 402 of title IV of division U of the Consolidated Appropriations Act, 2021, <<NOTE:
41 USC 3309 note.>> is amended to read as follows:
``(c) Prohibition.-- ``(1) In general.--Not later than 270 days after the date of the enactment of this section, 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.
``(c) Prohibition.-- ``(1) <<NOTE:
Deadline.>> In general.--Not later than 270 days after the date of the enactment of this section, 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.
``(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;
[[Page 135 STAT.
305]] ``(d) <<NOTE:
Deadline.
Definition.
41 USC 3309 note.>> 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;
Passed the House of Representatives January 5, 2021.
Approved July 26, 2021.
Attest:
LEGISLATIVE HISTORY--H.R.
CHERYL L.
26:
JOHNSON, Clerk.
--------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.
167 (2021):
Jan.
5, considered and passed House.
July 13, considered and passed Senate.
<all>
⬇ Download PDF
View plain text versions (5)

How this bill changes current law

11 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill prohibits the use of reverse auctions for certain complex design and construction services and mandates rulemaking for definitions related to such services.

  • 41 U.S.C. § 3309

    prohibition on use of a reverse auction for the award of a contract for complex, specialized, or substantial design and construction services

    Introduces a prohibition on reverse auctions for certain types of contract awards.

  • 41 U.S.C. § 3309

    In general.--Not later than 270 days after the date of the enactment of this section, 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.

    Sets a deadline for the Federal Acquisition Regulation to implement the prohibition against reverse auctions for specific contracts.

  • 41 U.S.C. § 3309

    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.

    Clarifies the application of the reverse auction prohibition to acquisitions above a certain financial threshold.

  • 41 U.S.C. § 3309

    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--

    Requires the development of a formal definition for complex design and construction services.

  • 41 U.S.C. § 3309

    (1) site planning and landscape design;

    Includes site planning and landscape design in the definition of complex design and construction services.

  • 41 U.S.C. § 3309

    (2) architectural and engineering services (as defined in section 1102 of title 40, United States Code);

    Incorporates architectural and engineering services into the definition, tying it to existing law.

  • 41 U.S.C. § 3309

    (3) interior design;

    Adds interior design as part of the new definition for complex design and construction services.

  • 41 U.S.C. § 3309

    (4) performance of substantial construction work for facility, infrastructure, and environmental restoration projects;

    Includes substantial construction work on various projects in the definition of complex services.

  • 41 U.S.C. § 3309

    (5) construction or substantial alteration of public buildings or public works.

    Specifies construction or significant alterations of public facilities as covered by the definition.

  • 41 U.S.C. § 3309

    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.

    Clarifies that the prohibition does not limit reverse auctions for other procurement types.

  • 41 U.S.C. § 3309

    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 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.

    Mandates a report on the effectiveness of the newly implemented rules on reverse auctions.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  5. Mrs. Maloney, Carolyn B. moved to suspend the rules and pass the bill.

  6. Considered under suspension of the rules. (consideration: CR H68-69)

  7. DEBATE - The House proceeded with forty minutes of debate on H.R. 26.

  8. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H68)

  9. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H68)

  10. Motion to reconsider laid on the table Agreed to without objection.

  11. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  12. Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.(consideration: CR S4860-4861)

  13. Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent. (consideration: CR S4860-4861)

  14. Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.

  15. Passed Senate without amendment by Unanimous Consent.

  16. Message on Senate action sent to the House.

  17. Presented to President.

  18. Presented to President.

  19. Signed by President.

  20. Signed by President.

  21. Became Public Law No: 117-28.

  22. Became Public Law No: 117-28.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

Show all 545 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 26 do?
Construction Consensus Procurement Improvement Act of 2021 This bill prohibits the federal government from using reverse auctions for complex, specialized, or substantial design and construction services. Reverse auctions allow the sellers to bid down the price of a project and typically result in the contractor with the lowest bid winning the contract. The Federal Acquisition Regulatory Council must define complex, specialized, or substantial design and construction services. The General Services Administration shall report to specified congressional committees on this bill's effectiveness.
Who sponsors HR 26?
HR 26 is sponsored by Comer, James (Republican) and Khanna, Ro (Democratic).
What is the current status of HR 26?
This bill has been enacted into law. Introduced January 04, 2021. Enacted.
Where can I track HR 26?
Track HR 26 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 26

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HR 26

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →