I 

116TH CONGRESS 

1ST SESSION H. R. 3996 

To amend title 38, United States Code, to provide for certain requirements 

relating to the use of the design-build construction method for Department of Veterans Affairs construction projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Mr. BANKS (for himself and Mr. PERLMUTTER) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for certain 

requirements relating to the use of the design-build construction method for Department of Veterans Affairs 

construction projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘VA Design-Build Con5 struction Enhancement Act of 2019’’. 


Pbinns on DSK79D2C42PROD with BILLS
2 

•HR 3996 IH

1 SEC. 2. FINDINGS; SENSE OF CONGRESS REGARDING THE 

2 DESIGN-BUILD CONSTRUCTION METHOD FOR 

3 DEPARTMENT OF VETERANS AFFAIRS CON4 STRUCTION PROJECTS. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) The Inspector General of the Department of 

8 Veterans Affairs found that, in the Aurora, Colo9 rado, replacement medical center project, the De10 partment decided to change its acquisition strategy 

11 from traditional design-bid-build to integrated-design 

12 and construct in the fourth year of the project, 

13 which was too late for the integrated design-con14 struction firm to provide effective input into the de15 sign. 

16 (2) In response to deficiencies in the Depart17 ment’s management of the Aurora, Colorado, re18 placement medical center project and in order to 

19 prevent reoccurrence of such deficiencies in the fu20 ture, Congress enacted section 8103 of title 38, 

21 United States Code, which mandates that an appro22 priate non-Department Federal entity take over 

23 management of future super construction projects of 

24 the Department, including project design, acquisi25 tion, construction, and contract changes. 


Pbinns on DSK79D2C42PROD with BILLS
3 

•HR 3996 IH

1 (3) It has been the policy of the Federal Gov2 ernment since the enactment of the Clinger-Cohen 

3 Act of 1996 (Public Law 104–106) that design-build 

4 shall be used when appropriate circumstances are 

5 present. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the unsuccessful use of the integrated-de9 sign and construct acquisition method in the Aurora, 

10 Colorado, replacement medical center project should 

11 not be interpreted to mean that design-build, as de12 scribed in section 3309 of title 41, United States 

13 Code, is unsuitable for construction projects of the 

14 Department of Veterans Affairs; and 

15 (2) when used properly by adequately trained 

16 acquisition and construction management personnel 

17 and in the appropriate circumstances, design-build is 

18 an effective construction acquisition method for the 

19 Department of Veterans Affairs, which has been 

20 demonstrated to reduce change orders, decrease the 

21 duration between design completion and beneficial 

22 occupancy, and increase warranty protections. 


Pbinns on DSK79D2C42PROD with BILLS
4 

•HR 3996 IH

1 SEC. 3. DEPARTMENT OF VETERANS AFFAIRS USE OF DE2 SIGN-BUILD CONSTRUCTION METHOD. 

3 (a) USE OF DESIGN-BUILD SELECTION PROCE4 DURES.—Section 8106 of title 38, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(d)(1) If the Secretary seeks to enter into a contract 

8 for the design and construction of a building or facility, 

9 the Secretary shall use the procedures established in sec10 tion 3309 of title 41. 

11 ‘‘(2) In the case of a super construction project for 

12 which a non-Department Federal entity provides project 

13 management services under section 8103(e) of this title, 

14 the Secretary shall not discourage the entity from using 

15 the procedures established in section 3309 of title 41.’’. 

16 (b) COVERED CERTIFICATION PROGRAM.—Section 

17 8103(g)(6)(A) of such title is amended by inserting ‘‘, in18 cluding design-build construction’’ before the period at the 

19 end. 

Æ 


Pbinns on DSK79D2C42PROD with BILLS