Sec. 1984. Prohibition on the use of a reverse auction for the award of a contract for design and construction services
235 words·~1 min read·
/bill/114/s/3011/pcs/section-1984·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council, in consultation with the Administrator for Federal Procurement Policy, shall amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services.
For purposes of this section— the term design and construction services means— site planning and landscape design; architectural and engineering services (including surveying and mapping defined in section 1101 of title 40, United States Code); interior design; performance of substantial construction work for facility, infrastructure, and environmental restoration projects; delivery and supply of construction materials to construction sites; or construction or substantial alteration of public buildings or public works; and the term reverse auction means, with respect to procurement by an agency— a real-time auction conducted through an electronic medium among 2 or more offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids at any time before the closing of the auction; and the award of the contract, delivery order, task order, or purchase order to the offeror, in whole or in part, based on the price obtained through the auction process.