Section 1 Short title
This Act may be cited as the “Commonsense Construction Contracting Act of 2013”.
Commonsense Construction Contracting Act of 2013
A BILL
To amend the Small Business Act to prohibit the use of reverse auctions for design and construction services procurements.
Sec. 2 Reverse auctions prohibited for contracts for design and construction services
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:
“47. Reverse auctions prohibited for contracts for design and construction services
“(a) In general—In the case of any contract for design and construction services, reverse auction methods may not be used if the contract—
“(1) is suitable for award to a small business concern; or
“(2) if the award is to be made under—
“(A) section 8(a);
“(B) section 8(m);
“(C) section 15(a);
“(D) section 15(j);
“(E) section 31; or
“(F) section 36.
“(b) Definitions—For purposes of this section—
“(1) The term “reverse auction” means, with respect to procurement by an agency, a real-time auction on the Internet between a group of offerors who compete against each other by submitting bids for a contract or task order with the ability to submit revised bids throughout the course of the auction, and the award being made to the offeror who submits the lowest bid.
“(2) The term “design and construction services” means—
“(A) site planning and landscape design;
“(B) architectural and interior design;
“(C) engineering system design;
“(D) performance of construction work for facility, infrastructure, and environmental restoration projects;
“(E) delivery and supply of construction materials to construction sites; and
“(F) construction, alteration, or repair, including painting and decorating, of public buildings and public works.”