DBIA Legislation and Advocacy 2 — Questions and Answers
Question 1: Which federal statute is most directly associated with enabling design-build contracting for federal civilian agencies?
- Brooks Act
- Federal Acquisition Streamlining Act (FASA) of 1994 (Correct answer)
- Davis-Bacon Act
- Competition in Contracting Act
Correct answer: Federal Acquisition Streamlining Act (FASA) of 1994
FASA of 1994 authorized design-build two-phase selection procedures for federal civilian agencies, greatly expanding design-build use at the federal level.
Question 2: What is a primary legislative barrier that has historically limited design-build use at the state level?
- Federal preemption of state procurement codes
- Statutes requiring separate contracts for design and construction (anti-combination laws) (Correct answer)
- Prohibition of private financing arrangements
- Mandatory use of low-bid selection for public projects
Correct answer: Statutes requiring separate contracts for design and construction (anti-combination laws)
Many states historically enacted anti-combination laws requiring separate contracts for design and construction, which effectively prohibited design-build delivery.
Question 3: DBIA's advocacy efforts at the state level most commonly focus on which objective?
- Eliminating bonding requirements for design-build projects
- Enabling or expanding statutory authority for design-build procurement (Correct answer)
- Mandating design-build for all public infrastructure projects
- Reducing competitive bidding requirements
Correct answer: Enabling or expanding statutory authority for design-build procurement
DBIA primarily advocates for legislation that grants public agencies the explicit statutory authority to use design-build project delivery.
Question 4: Which two-step federal design-build selection process is prescribed under FAR Subpart 36.3?
- Request for Information followed by Invitation for Bid
- Two-Phase Design-Build Selection Procedure (Correct answer)
- Qualifications-Based Selection followed by negotiation
- Best Value Continuum followed by price negotiation
Correct answer: Two-Phase Design-Build Selection Procedure
FAR Subpart 36.3 establishes the two-phase design-build selection procedure where Phase I evaluates qualifications and Phase II solicits proposals from shortlisted firms.
Question 5: A DBIA advocacy member testifying before a state legislature about enabling design-build should primarily emphasize which type of evidence?
- Theoretical cost models from academic studies
- Case studies demonstrating schedule, cost, and quality outcomes on real projects (Correct answer)
- International comparisons with countries using design-build exclusively
- Estimates of future project volume if design-build is authorized
Correct answer: Case studies demonstrating schedule, cost, and quality outcomes on real projects
Concrete case studies with documented outcomes on actual projects provide the most persuasive evidence to legislators evaluating design-build authorization.
Question 6: The DBIA Waterfall concept in design-build legislation refers to which principle?
- Sequential phases of design approval before construction begins
- Cascading responsibility from owner to design-builder for all project elements
- Federal model legislation that states adapt for their own enabling statutes (Correct answer)
- Progressive payment schedule tied to design milestones
Correct answer: Federal model legislation that states adapt for their own enabling statutes
DBIA's model legislation approach provides a template that states can adapt, creating a cascading effect of similar enabling statutes across jurisdictions.
Question 7: Under the Transportation Equity Act for the 21st Century (TEA-21), what design-build related authority was granted?
- Mandatory design-build for all highway projects over $100 million
- Special Experimental Project 14 (SEP-14) expanded to design-build for surface transportation
- Authorization for states to use design-build without separate federal approval (Correct answer)
- Elimination of Davis-Bacon requirements on design-build projects
Correct answer: Authorization for states to use design-build without separate federal approval
TEA-21 and subsequent transportation bills authorized states to use design-build for surface transportation projects without needing individual federal waivers.
DBIA Legislation and Advocacy 2
Which federal statute is most directly associated with enabling design-build contracting for federal civilian agencies?