Sec. 824. Matters relating to reverse auctions
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall clarify regulations on reverse auctions, as necessary, to ensure that— single bid contracts may not be entered into resulting from reverse auctions unless compliant with existing Federal regulations and Department of Defense memoranda providing guidance on single bid offers; all reverse auctions provide offerors with the ability to submit revised bids throughout the course of the auction; if a reverse auction is conducted by a third party— inherently governmental functions are not performed by private contractors, including by the third party; and past performance or financial responsibility information created by the third party is made available to offerors; and reverse auctions resulting in design-build military construction contracts specifically authorized in law are prohibited.
Not later than 180 days after the date of the enactment of this Act, the President of the Defense Acquisition University shall establish comprehensive training available for contract specialists in the Department of Defense on the use of reverse auctions. In this section, the term design-build means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary of Defense.