DBIA Legislation and Advocacy 5 — Questions and Answers
Question 1: DBIA's model design-build enabling legislation typically includes which provision regarding stipends for unsuccessful proposers?
- Stipends are prohibited to reduce taxpayer costs
- Stipends are optional and left entirely to agency discretion
- Stipends are encouraged or authorized to attract qualified proposers and recover proposal costs (Correct answer)
- Stipends are mandatory on all projects exceeding $50 million
Correct answer: Stipends are encouraged or authorized to attract qualified proposers and recover proposal costs
DBIA advocates for stipend provisions because they help attract highly qualified teams by offsetting costly proposal preparation expenses.
Question 2: Which argument do design-build opponents most frequently use before state legislative committees?
- Design-build produces inferior quality because a single entity controls design and construction (Correct answer)
- Design-build is more expensive than design-bid-build for simple projects
- Design-build is already used too frequently without proper safeguards
- Design-build is incompatible with federal funding requirements
Correct answer: Design-build produces inferior quality because a single entity controls design and construction
Critics argue that design-build creates a conflict of interest where the design-builder may compromise design quality to reduce construction costs.
Question 3: Which document does DBIA publish to assist members in tracking and influencing design-build legislation across states?
- Annual Design-Build State Legislative Tracking Report (Correct answer)
- State Project Delivery Report Card
- Design-Build Procurement Policy White Paper
- Congressional Budget Impact Analysis
Correct answer: Annual Design-Build State Legislative Tracking Report
DBIA publishes an annual legislative tracking report that monitors the status of design-build enabling legislation and related procurement bills across all states.
Question 4: Under the Water Resources Development Act (WRDA), which agency received expanded design-build authority for civil works projects?
- Environmental Protection Agency (EPA)
- U.S. Army Corps of Engineers (USACE) (Correct answer)
- Bureau of Reclamation
- Federal Emergency Management Agency (FEMA)
Correct answer: U.S. Army Corps of Engineers (USACE)
Congress expanded USACE's authority to use design-build contracting for civil works projects through various Water Resources Development Acts.
Question 5: A DBIA government affairs representative meeting with a state senator should be prepared to address which concern about design-build accountability?
- How the owner will obtain separate competitive bids for all major subcontracts
- How the owner maintains design oversight and quality control without a separate designer of record relationship (Correct answer)
- Why design-build firms are not required to use local subcontractors
- How tax revenues are tracked separately for design and construction phases
Correct answer: How the owner maintains design oversight and quality control without a separate designer of record relationship
Legislators often question how public owners ensure design quality when the designer works for the contractor rather than directly for the owner.
Question 6: Which aspect of federal small business policy most directly affects design-build teaming arrangements on federal contracts?
- Small Business Administration size standards determining subcontract set-aside requirements
- Small business mentor-protégé programs that allow large and small firms to joint venture (Correct answer)
- Federal Acquisition Regulation prohibition on teaming agreements over $50 million
- SBA rules requiring small businesses to self-perform 100% of design-build work
Correct answer: Small business mentor-protégé programs that allow large and small firms to joint venture
SBA mentor-protégé programs enable large design-build firms to joint venture with small businesses, helping both parties meet set-aside and teaming requirements.
Question 7: When DBIA testifies on design-build legislation, which metric is most compelling for demonstrating schedule improvement over design-bid-build?
- Total number of design-build projects completed nationwide
- Percentage reduction in overall project delivery time attributable to design-construction overlap (Correct answer)
- Number of states that have enacted enabling legislation
- Average bid tabulation time savings during procurement
Correct answer: Percentage reduction in overall project delivery time attributable to design-construction overlap
Quantified schedule compression data from real projects showing how design-construction overlap reduces total delivery time is the most persuasive metric for legislators.
DBIA Legislation and Advocacy 5
DBIA's model design-build enabling legislation typically includes which provision regarding stipends for unsuccessful proposers?