IIB 
116TH CONGRESS 
1ST SESSION H. R. 3996 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 13, 2019 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To amend title 38, United States Code, to provide for certain 
requirements relating to the use of the design-build con-
struction method for Department of Veterans Affairs 
construction projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Design-Build Con-
struction Enhancement Act of 2019’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS REGARDING THE 
DESIGN-BUILD CONSTRUCTION METHOD FOR 
DEPARTMENT OF VETERANS AFFAIRS CON-
STRUCTION PROJECTS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Inspector General of the Department of 
Veterans Affairs found that, in the Aurora, Colo-
rado, replacement medical center project, the De-
partment decided to change its acquisition strategy 
from traditional design-bid-build to integrated-design 
and construct in the fourth year of the project, 
which was too late for the integrated design-con-
struction firm to provide effective input into the de-
sign. 
(2) In response to deficiencies in the Depart-
ment’s management of the Aurora, Colorado, re-
placement medical center project and in order to 
prevent reoccurrence of such deficiencies in the fu-
ture, Congress enacted section 8103 of title 38, 
United States Code, which mandates that an appro-
priate non-Department Federal entity take over 
management of future super construction projects of 
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the Department, including project design, acquisi-
tion, construction, and contract changes. 
(3) It has been the policy of the Federal Gov-
ernment since the enactment of the Clinger-Cohen 
Act of 1996 (Public Law 104–106) that design-build 
shall be used when appropriate circumstances are 
present. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the unsuccessful use of the integrated-de-
sign and construct acquisition method in the Aurora, 
Colorado, replacement medical center project should 
not be interpreted to mean that design-build, as de-
scribed in section 3309 of title 41, United States 
Code, is unsuitable for construction projects of the 
Department of Veterans Affairs; and 
(2) when used properly by adequately trained 
acquisition and construction management personnel 
and in the appropriate circumstances, design-build is 
an effective construction acquisition method for the 
Department of Veterans Affairs, which has been 
demonstrated to reduce change orders, decrease the 
duration between design completion and beneficial 
occupancy, and increase warranty protections. 
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SEC. 3. DEPARTMENT OF VETERANS AFFAIRS USE OF DE-
SIGN-BUILD CONSTRUCTION METHOD. 
(a) USE
OF DESIGN-BUILD SELECTION PROCE-
DURES.—Section 8106 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d)(1) If the Secretary seeks to enter into a contract 
for the design and construction of a building or facility, 
the Secretary shall use the procedures established in sec-
tion 3309 of title 41. 
‘‘(2) In the case of a super construction project for 
which a non-Department Federal entity provides project 
management services under section 8103(e) of this title, 
the Secretary shall not discourage the entity from using 
the procedures established in section 3309 of title 41.’’. 
(b) COVERED CERTIFICATION PROGRAM.—Section 
8103(g)(6)(A) of such title is amended by inserting ‘‘, in-
cluding design-build construction’’ before the period at the 
end. 
Passed the House of Representatives November 12, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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