How HR 26 changes current law

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.