S-1526 : Still Just a Bill

Construction Consensus Procurement Improvement Act of 2015

Modifies criteria for the use of design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work. Requires the use of 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) when a contracting officer determines that a contract has a value of $750,000 or greater. Allows a contracting officer to make a determination, based on specified criteria, whether the use of two-phase selection procedures is appropriate for a contract having a value of less than $750,000. Requires a contracting officer to provide written documentation of how a maximum number exceeding five finalists in a solicitation for a contract is consistent with the purposes and objectives of two-phase selection procedures.

Requires federal agency heads to report, each year over a five-year period, on each instance in which: (1) the agency awarded a design-build contract in which more than five finalists were selected for phase-two requests for proposals, or (2) a contract was awarded without using two-phase selection procedures. Requires the Government Accountability Office to report on agency compliance with design-build contract procedures.

Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to prohibit the use of reverse auctions for awarding contracts for construction and design services. Defines "reverse auction," with respect to procurement by an agency, as: (1) a real-time auction conducted through an electronic medium 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 (2) the award of the contract or task order to the offeror who submits the lowest bid.

Provides for the acceptance of a bond from an individual surety that is not subject to existing requirements governing corporate sureties.

Amends the Small Business Investment Act of 1958 to increase from 70% to 90% the amount of loss resulting from a breach of the terms of a bid, payment, or performance bond that is covered by a guarantee by the Small Business Administration.

Action Timeline

Action DateTypeTextSource
2016-10-27CalendarsPlaced on Senate Legislative Calendar under General Orders. Calendar No. 656.Senate
2016-10-27CommitteeCommittee on Homeland Security and Governmental Affairs. Reported by Senator Johnson under authority of the order of the Senate of 09/29/2016 with an amendment in the nature of a substitute. With written report No. 114-366.Senate
2016-02-10CommitteeCommittee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.Senate
2015-06-08IntroReferralRead twice and referred to the Committee on Homeland Security and Governmental Affairs.Senate
2015-06-08IntroReferralIntroduced in SenateLibrary of Congress

Policy Area :

Government Operations and Politics
See Subjects
  • Administrative law and regulatory procedures
  • Building construction
  • Congressional oversight
  • Contracts and agency
  • Financial services and investments
  • Government buildings, facilities, and property
  • Government liability
  • Government studies and investigations
  • Military procurement, research, weapons development
  • Minority and disadvantaged businesses
  • Public contracts and procurement
  • Small business
  • Office of Management and Budget (OMB)

Related Bills

See Related Bills