DBIA Legislation and Advocacy Questions and Answers 2 — Questions and Answers
Question 1: What is DBIA's primary legislative advocacy goal?
- To eliminate all government regulation of construction
- To enact and protect legislation enabling public sector owners to use design-build with qualifications-based or best-value procurement (Correct answer)
- To make design-build mandatory for all projects
- To reduce contractor licensing requirements
Correct answer: To enact and protect legislation enabling public sector owners to use design-build with qualifications-based or best-value procurement
DBIA's advocacy focuses on ensuring public sector owners have legal authority to use design-build with fair procurement processes.
Historically, most state procurement laws mandated competitive low-bid, design-bid-build. DBIA works at federal, state, and local levels to enact enabling legislation covering all project types without unnecessary limitations.
Question 2: What is the significance of the Federal Acquisition Streamlining Act for design-build?
- It banned design-build for federal projects
- It provided expanded federal authorization for design-build procurement, codified in FAR Part 36.3 (Correct answer)
- It only affected military construction
- It reduced funding for construction projects
Correct answer: It provided expanded federal authorization for design-build procurement, codified in FAR Part 36.3
Federal legislation provided statutory authority for federal agencies to use two-phase design-build procurement.
FAR Part 36.3 establishes a two-phase selection process for federal design-build. This legitimized the method, provided a model for states, and opened billions in annual federal construction to design-build.
Question 3: How does design-build enabling legislation vary across U.S. states?
- All states have identical laws
- States vary significantly in eligible project types, authorized entities, procurement methods, size thresholds, and breadth of authority (Correct answer)
- No states currently allow design-build
- Variation is limited to bonding requirements only
Correct answer: States vary significantly in eligible project types, authorized entities, procurement methods, size thresholds, and breadth of authority
While all 50 states have some authorization, scope and conditions vary widely.
Key areas of variation include eligible project types, authorized public entities, permitted procurement methods, project size thresholds, bonding requirements, and sunset provisions. DBIA tracks and supports improving restrictive laws.
Question 4: What role does DBIA play in promoting design-build through public education?
- DBIA does not engage in public education
- DBIA educates legislators, public owners, and professionals through research, conferences, owner forums, and legislative testimony (Correct answer)
- DBIA only educates its own members
- Education is limited to the annual conference
Correct answer: DBIA educates legislators, public owners, and professionals through research, conferences, owner forums, and legislative testimony
DBIA conducts extensive education targeting legislators, public owners, and professionals.
Multi-level education includes legislative testimony, owner forums, case studies, certification programs, research conferences, and university curriculum development. These efforts have been instrumental in design-build's growth.
Question 5: How has the transportation sector been affected by design-build legislation?
- Transportation projects cannot use design-build
- Federal and state legislation have made design-build the fastest-growing delivery method for transportation infrastructure (Correct answer)
- Design-build is only for building construction
- Transportation design-build requires different legislation
Correct answer: Federal and state legislation have made design-build the fastest-growing delivery method for transportation infrastructure
Federal transportation legislation and state DOT authorization have driven major design-build growth in highways, bridges, and transit.
SAFETEA-LU and successors eliminated restrictions on design-build for federal-aid highway projects. FHWA studies documented significant schedule savings. Many state DOTs now use design-build as their preferred method for complex projects.
Question 6: What is DBIA's position on bonding requirements for design-build projects?
- DBIA opposes all bonding requirements
- DBIA supports appropriate bonding requirements that protect owners while recognizing that design-build's structure may warrant different approaches (Correct answer)
- DBIA requires triple normal bond amounts
- Bonding is not relevant to design-build
Correct answer: DBIA supports appropriate bonding requirements that protect owners while recognizing that design-build's structure may warrant different approaches
DBIA supports bonding as owner protection but advocates for requirements appropriate to design-build delivery.
DBIA advocates that bond amounts should be based on construction cost rather than total contract value, and that qualifications-based selection reduces the default risk that bonds address.
DBIA Legislation and Advocacy Questions and Answers 2
What is DBIA's primary legislative advocacy goal?