DBIA Legislation and Advocacy 3 — Questions and Answers
Question 1: Which federal agency published the rule codifying design-build procedures at 48 CFR Part 36?
- Department of Transportation
- General Services Administration (GSA)
- Federal Acquisition Regulatory Council (Correct answer)
- Office of Management and Budget (OMB)
Correct answer: Federal Acquisition Regulatory Council
The Federal Acquisition Regulatory Council published the FAR rule incorporating design-build procedures into Part 36, which governs construction contracting.
Question 2: When advocating for design-build enabling legislation, DBIA typically recommends including which procurement method options in the statute?
- Low-bid only, to maintain fairness
- Best value and qualifications-based selection, in addition to low-bid (Correct answer)
- Sole-source negotiation to speed project delivery
- Sequential design-bid-build as a fallback
Correct answer: Best value and qualifications-based selection, in addition to low-bid
DBIA recommends statutes that authorize best value and qualifications-based selection methods, which better capture design-build's quality and innovation benefits.
Question 3: A state DOT seeking federal-aid funding for a design-build highway project must comply with which federal design-build regulation?
- FAR Subpart 36.3
- 23 CFR Part 636 (Correct answer)
- 48 CFR Part 15
- 2 CFR Part 200
Correct answer: 23 CFR Part 636
23 CFR Part 636 governs design-build contracting for federally funded surface transportation projects administered through FHWA.
Question 4: Which professional licensing concern is most commonly raised in state legislatures when debating design-build authorization?
- Whether contractors can hold professional liability insurance
- Whether unlicensed contractors will make design decisions violating professional practice acts (Correct answer)
- Whether design-build eliminates the need for building permits
- Whether federal preemption overrides state licensing requirements
Correct answer: Whether unlicensed contractors will make design decisions violating professional practice acts
Opponents often argue that design-build blurs responsibility for design decisions and may allow unlicensed parties to control design, raising professional practice concerns.
Question 5: In federal design-build procurement, the Phase I solicitation (Request for Qualifications) typically evaluates which of the following?
- Detailed technical proposals and lump-sum price
- Past performance, technical approach, and management qualifications (Correct answer)
- Schematic design drawings and outline specifications only
- Final GMP proposal with design development documents
Correct answer: Past performance, technical approach, and management qualifications
Phase I evaluates offerors' qualifications including past performance, technical approach, and management capability to shortlist firms for Phase II.
Question 6: DBIA's legislative affairs committee would most likely oppose a proposed amendment that requires which of the following?
- Mandatory performance bonds on design-build contracts
- Stipends for unsuccessful design-build proposers
- Low-bid as the sole selection criterion for all public design-build contracts (Correct answer)
- Owner retention of a designated representative during construction
Correct answer: Low-bid as the sole selection criterion for all public design-build contracts
Requiring low-bid selection for design-build defeats the method's purpose, as it prevents evaluation of qualifications, innovation, and best value.
Question 7: Which aspect of Davis-Bacon Act compliance is unique to design-build federal projects compared to design-bid-build?
- Davis-Bacon does not apply to design-build projects
- Prevailing wages apply to both design and construction labor on design-build contracts
- The design-builder must submit certified payrolls for both design and construction phases (Correct answer)
- Design-build projects require a separate wage determination for each trade
Correct answer: The design-builder must submit certified payrolls for both design and construction phases
Because the design-builder holds the single contract covering both design and construction services, compliance and certified payroll reporting may encompass both phases.
DBIA Legislation and Advocacy 3
Which federal agency published the rule codifying design-build procedures at 48 CFR Part 36?