Sec. 815. Prohibition on reverse auctions for covered contracts
415 words·~2 min read·
/bill/113/hr/4435/rh/section-815·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that, when used appropriately, reverse auctions may improve the Federal Government’s procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— by redesignating section 47 as section 48; and by inserting after section 46 the following: In the case of a covered contract described in subsection (c), reverse auction methods may not be used— if the covered contract is suitable for award to a small business concern; or if the award is to be made under— section 8(a); section 8(m); section 15(a); section 15(j); section 31; section 36; or section 8127 of title 38, United States Code.
A Federal agency may not award a covered contract using a reverse auction method if only one offer is received or if offerors do not have the ability to submit revised bids throughout the course of the auction. A Federal agency may not award a covered contract under a procurement provision other than those provisions described in subsection (a)(2) if the justification for using such procurement provision is to use reverse auction methods. In this section the following definitions apply:
The term covered contract means a contract— for services, including design and construction services; and for goods in which the technical qualifications of the offeror constitute part of the basis of award. The term design and construction services means— site planning and landscape design; architectural and interior design; engineering system design; performance of construction work for facility, infrastructure, and environmental restoration projects; delivery and supply of construction materials to construction sites; construction, alteration, or repair, including painting and decorating, of public buildings and public works; and architectural and engineering services as defined in section 1102 of title 40, United States Code.
The term reverse auction means, with respect to procurement by an agency, a real-time auction conducted through an electronic medium between a group of offerors who compete against each other by submitting offers for a contract or task order with the ability to submit revised offers throughout the course of the auction. . Section 8127(j) of title 38, United States Code, is amended by adding at the end the following new paragraph: The provisions of section 47(a) of the Small Business Act ( 15 U.S.C. 631 et seq. ) (relating to the prohibition on using reverse auction methods to award a contract) shall apply to a contract awarded under this section. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 815
Prohibition on reverse auctions for covered contracts
Cites 1Cited by 0 across 0 sources