United States 115th Congress Status: In Committee Bipartisan · 4 R · 1 D cosponsors

HR 679 — Construction Consensus Procurement Improvement Act of 2017

Last action — Placed on the Union Calendar, Calendar No. 39.

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

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Construction Consensus Procurement Improvement Act of 2017 (Sec. 3) 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 if a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate if the officer anticipates at least three offers for the contract. Federal agencies must report to the Office of Management and Budget (OMB), 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 OMB must compile and submit such reports to the Government Accountability Office, which must issue a report analyzing such reports and agency compliance with design-build contract procedures. (Sec. 4) The Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions as part of the two-phase selection procedures for awarding contracts for construction and design services. A "reverse auction," with respect to any procurement by an executive 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, or a delivery order, task order, or purchase order under the 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.

Bill Text

What changed in the latest version

28 added · 8 removed

Plain-language change summary

The amendment updates the reporting requirements for executive agencies regarding design-build contracts awarded under section 3309 of title 41, United States Code. It specifies that the reports must be submitted to the Director of the Office of Management and Budget, who will then compile and send these reports to the Comptroller General within 30 days. This change ensures that there is oversight of agency compliance with the requirements surrounding these contracts.

→
Previous
Latest
679 Introduced in House (IH)] <DOC> 115th CONGRESS 1st Session H.
679 Reported in House (RH)] <DOC> Union Calendar No.
39 115th CONGRESS 1st Session H.
679 To amend title 41, United States Code, to improve the manner in which Federal contracts for design and construction services are awarded, to prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
679 [Report No.
115-68] To amend title 41, United States Code, to improve the manner in which Federal contracts for design and construction services are awarded, to prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
which was referred to the Committee on Oversight and Government Reform _______________________________________________________________________ A BILL To amend title 41, United States Code, to improve the manner in which Federal contracts for design and construction services are awarded, to prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
which was referred to the Committee on Oversight and Government Reform March 29, 2017 Additional sponsors:
Mr.
Farenthold and Mr.
Lynch March 29, 2017 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ A BILL To amend title 41, United States Code, to improve the manner in which Federal contracts for design and construction services are awarded, to prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
(2) Annual reports.-- (A) In general.--Not later than November 30 of 2018, 2019, 2020, 2021, and 2022, the head of each executive agency shall compile an annual report of each instance in which the agency awarded a design-build contract pursuant to section 3309 of title 41, United States Code, during the fiscal year ending in such calendar year, in which-- (i) more than 5 finalists were selected for phase-two requests for proposals;
(2) Annual reports.-- (A) In general.--Not later than November 30 of 2018, 2019, 2020, 2021, and 2022, the head of each executive agency shall compile and submit to the Director of the Office of Management and Budget an annual report of each instance in which the agency awarded a design-build contract pursuant to section of title 41, United States Code, during the fiscal year ending in such calendar year, in which-- (i) more than 5 finalists were selected for phase-two requests for proposals;
(b) GAO Reports.--Not later than 270 days after the deadline for each annual report under subsection (a)(2)(A), the Comptroller General of the United States shall issue a report analyzing the compliance of each executive agency with the requirements of section 3309 of title 41, United States Code, as added by subsection (a)(1).
(C) Submission to gao.--Not later than 30 days after the deadline described under subparagraph (A), the Director of the Office of Management and Budget shall compile and submit the reports submitted to the Director under such subparagraph to the Comptroller General.
(b) GAO Reports.--Not later than 270 days after the deadline for each annual report under subsection (a)(2)(A), the Comptroller General of the United States shall issue a report analyzing the compliance of each executive agency the reports submitted under subsection (a)(2)(C) and agency compliance with the requirements of section 3309 of title 41, United States Code, as added by subsection (a)(1).
<all>
Union Calendar No.
39 115th CONGRESS 1st Session H.
R.
679 [Report No.
115-68] _______________________________________________________________________ A BILL To amend title 41, United States Code, to improve the manner in which Federal contracts for design and construction services are awarded, to prohibit the use of reverse auctions for design and construction services procurements, and for other purposes.
_______________________________________________________________________ March 29, 2017 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

3 changes Share ↗

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

The bill amends existing law to establish a value threshold for two-phase selection procedures in Federal design and construction contracts and prohibits the use of reverse auctions for these contracts.

  • 41 U.S.C. § 3309(b)

    A contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when— → (1) Contracts with a value of at least $3,000,000.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work if a contracting officer determines that the project has a value of $3,000,000 or greater. (2) Contracts with a value less than $3,000,000.--For any project that a contracting officer determines has a value of less than $3,000,000, the contracting officer shall make a determination on whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work if—

    This change establishes a financial threshold of $3 million for when two-phase selection procedures become mandatory.

  • 41 U.S.C. § 3309(b)

    the contracting officer anticipates that 3 or more offers will be received for the contract; the offeror will incur a substantial amount of expense in preparing the offer; and the contracting officer has considered information such as the following: → that the contracting officer anticipates that 3 or more offers will be received for the contract; that the offeror will incur a substantial amount of expense in preparing the offer; and that the contracting officer has considered information such as—

    This change clarifies the phrasing for consistency and readability regarding determinations for contracts below the threshold.

  • 41 U.S.C. § 3309(c)

    (a) Finding.--Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions as part of the two-phase selection procedures for awarding contracts for design and construction services.

    This addition prohibits the use of reverse auctions for federal contracts related to design and construction services.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Oversight and Government Reform.

  4. Committee Consideration and Mark-up Session Held.

  5. Ordered to be Reported (Amended) by Voice Vote.

  6. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 115-68.

  7. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 115-68.

  8. Placed on the Union Calendar, Calendar No. 39.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 542 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (542)

542 members have not signed on to this bill.

Show all 542 →

"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 679 do?
Construction Consensus Procurement Improvement Act of 2017 (Sec. 3) 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 if a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate if the officer anticipates at least three offers for the contract. Federal agencies must report to the Office of Management and Budget (OMB), 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 OMB must compile and submit such reports to the Government Accountability Office, which must issue a report analyzing such reports and agency compliance with design-build contract procedures. (Sec. 4) The Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions as part of the two-phase selection procedures for awarding contracts for construction and design services. A "reverse auction," with respect to any procurement by an executive 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, or a delivery order, task order, or purchase order under the 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.
Who sponsors HR 679?
HR 679 is sponsored by Graves, Sam (Republican), Russell, Steve (Republican), Farenthold, Blake (Republican), Lynch, Stephen F. (Democratic), and Meadows, Mark (Republican).
What is the current status of HR 679?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 679?
Track HR 679 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 679

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 679

Last checked for changes 3 months ago · updated continuously

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

Track this bill →