The VA Design‑Build Construction Enhancement Act of 2025 amends Title 38 to require the Secretary of Veterans Affairs to use the selection procedures set out in 41 U.S.C. §3309 whenever the Department awards a contract that combines design and construction of a building or facility. The bill also amends VA’s covered certification program to explicitly include design‑build construction.
The changes aim to push the Department toward greater use of the federal government’s established design‑build contracting processes, and to signal that non‑Department federal project managers working on large “super construction projects” should be free to use the same procedures. For acquisition officers, program managers, and contractors, the bill makes procedural conformity with 41 U.S.C. §3309 a statutory baseline for VA design‑build work and brings design‑build into VA’s formal training and certification framework.
At a Glance
What It Does
The bill adds a new subsection to 38 U.S.C. §8106 directing the Secretary to use the selection procedures in 41 U.S.C. §3309 for contracts that include both design and construction. It also amends 38 U.S.C. §8103(g)(6)(A) to list design‑build construction as part of the covered certification program for VA personnel.
Who It Affects
VA contracting officers, construction program managers, and acquisition workforce certification administrators will face new procedural expectations; private-sector design‑build firms and integrated contractor teams can expect broader access to VA solicitations; federal entities providing project management for VA ‘super construction projects’ are explicitly allowed to use §3309 procedures.
Why It Matters
Making §3309 procedures mandatory for VA design‑build contracts standardizes selection across VA projects, potentially accelerating delivery and aligning VA practice with other federal agencies. It also institutionalizes design‑build expertise inside the VA acquisition workforce by tying it to the Department’s certification program.
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What This Bill Actually Does
SB1846 changes two parts of title 38 to steer the VA toward consistent use of the federal government’s design‑build selection framework. First, it inserts a new subsection into 38 U.S.C. §8106 that says: when the Secretary intends to enter into a contract that includes both design and construction of a building or facility, the Department must apply the selection procedures set forth in 41 U.S.C. §3309.
That is a procedural command — not a procurement funding authorization — that makes a particular federal statute the reference point for how VA selects design‑build teams.
Second, the bill updates the Department’s covered certification program at 38 U.S.C. §8103(g)(6)(A) to include “design‑build construction.” That change places design‑build competence explicitly inside the set of skills for which VA personnel can be certified, which points toward training, personnel qualification, and oversight expectations tied to the increased use of that contracting method.SB1846 also contains a congressional “sense of” clause highlighting prior construction experience — notably the Rocky Mountain project — and the Louisville replacement medical center, and it instructs that for “super construction projects” where a non‑Department federal entity provides project management services, the VA should not discourage that entity from using §3309 procedures. The bill therefore addresses both internal procurement practice and the treatment of external federal project managers working alongside the VA.Practically, compliance officers should read this as a requirement to map VA solicitations for design‑build work to the mechanics and selection steps in §3309 (for example, any qualifications‑based elements, evaluation criteria, and selection processes that statute prescribes).
Program managers will need to ensure contracting officers and certifying officials have the training and policies to implement these procedures consistently across the Department’s capital program.
The Five Things You Need to Know
The bill adds subsection (d) to 38 U.S.C. §8106 requiring the Secretary to use the selection procedures in 41 U.S.C. §3309 when entering contracts for both design and construction of a building or facility.
For ‘super construction projects’ where a non‑Department federal entity provides project management under 38 U.S.C. §8103(e), the bill bars the Secretary from discouraging that entity from using §3309 procedures.
SB1846 amends 38 U.S.C. §8103(g)(6)(A) so that the Department’s covered certification program explicitly includes “design‑build construction.”, The bill’s text confines its operative direction to procurement procedures (selection rules) rather than creating new funding or construction authorizations in title 38.
The bill frames its policy rationale in findings and a sense of Congress that design‑build, if used by trained personnel and in appropriate circumstances, can reduce change orders, shorten time to occupancy, and increase warranty protections.
Section-by-Section Breakdown
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Short title
Provides the Act’s short name: the VA Design‑Build Construction Enhancement Act of 2025. This is a formal labeling provision and carries no substantive effect beyond identifying the act for citation and reference.
Findings and sense of Congress regarding design‑build use
Lists Congressional findings about prior federal policy favoring design‑build where appropriate, an estimate of VA’s capital costs (as stated in the bill text), and references to recent VA replacement medical center projects. The sense language does two things practically: it signals Congressional intent to encourage design‑build use inside VA and it frames the Rocky Mountain project as an implementation lesson rather than dispositive evidence against design‑build methods.
Require use of 41 U.S.C. §3309 selection procedures for combined design‑construction contracts
Adds a new subsection (d) to §8106 that requires the Secretary to use the selection procedures established in 41 U.S.C. §3309 when entering a contract that provides for both design and construction of a building or facility. Practically, contracting actions that package design and construction must follow the §3309 selection process — the statute becomes the default procedural template for VA design‑build procurements unless another legal exception applies. This shifts the statutory baseline for VA solicitations and evaluation procedures for such projects.
Non‑Department federal project managers may use §3309 procedures
The new subsection expressly directs that where a ‘super construction project’ involves a non‑Department federal entity providing project management under §8103(e), the Secretary shall not discourage that entity from using §3309 procedures. That is a directional restraint on VA behavior with respect to external federal project management, preserving the external entity’s ability to apply federal design‑build selection practices when it manages the project.
Include design‑build in VA’s covered certification program
Amends the statutory list of topics covered by the VA’s acquisition and construction certification program to add explicit mention of design‑build construction. This creates a statutory hook for training and certification curricula, giving VA officials and certifying bodies authority to require documented design‑build competence for relevant acquisition roles.
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Who Benefits
- Veterans and patients — Potentially faster delivery of replacement medical centers and other facilities if VA applies streamlined design‑build selection, reducing time between design and occupancy.
- Design‑build contractors and integrated firms — Broader and more consistent use of §3309 procedures across VA projects increases the number of procurements tailored to selection of integrated design‑construction teams, improving access for firms organized to deliver design‑build work.
- Non‑Department federal project management entities — The bill protects their ability to apply §3309 procedures on ‘super construction projects,’ reducing friction when multiple federal agencies collaborate on large capital projects.
- VA acquisition workforce — By adding design‑build to the covered certification program, the bill creates a clearer career and training pathway for staff to gain recognized competence in design‑build procurement and oversight.
Who Bears the Cost
- VA contracting and program offices — Must revise internal policies, solicitation templates, and training, and may need to invest in workforce development to implement §3309 consistently.
- Small contractors and firms organized around design‑bid‑build models — May face reduced opportunities on VA projects that now default to design‑build selection procedures tailored to integrated teams.
- Project oversight functions — Increased use of design‑build transfers certain design risks to contractors and places higher demands on VA’s ability to write performance‑oriented requirements and manage contractor performance, potentially increasing oversight workload and professional staffing needs.
Key Issues
The Core Tension
The central dilemma is between standardizing and accelerating delivery through mandatory use of federal design‑build selection procedures and preserving the VA’s need for flexibility, technical oversight, and in‑house capacity: making design‑build the statutory default can speed projects when VA has skilled procurement and program staff, but it risks poorer outcomes if the Department lacks the training, policy tools, or oversight resources to manage integrated design‑build contracts effectively.
Two implementation ambiguities will determine how consequential this statute becomes. First, the bill requires use of 41 U.S.C. §3309 procedures but does not list exceptions or define ‘‘when appropriate.’’ Federal procurement law contains multiple cross‑references, exceptions, and agency‑specific rules; whether VA treats §3309 as mandatory in all design‑construction procurements or as the presumptive approach subject to documented deviations will depend on internal VA guidance and counsel interpretation.
That choice affects whether VA retains flexibility to use alternative acquisition methods in complex or specialty projects.
Second, design‑build shifts certain risk allocation and control points from the owner to the design‑builder. The bill ties design‑build to VA certification and training, but it does not fund training or establish standards for what qualification or oversight is sufficient.
If the Department accelerates design‑build without commensurate investment in acquisition staff capability, projects could see increased change orders or disputes despite the statutory expectation that design‑build reduces them. Finally, the bill’s direction that the Secretary shall not discourage non‑Department federal managers from using §3309 does not create an affirmative duty for VA to adopt their procedures; it limits the Secretary’s ability to block them, which could introduce coordination and governance issues on multi‑agency projects.
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