What can design-builders do to convince state governments to pass design-build friendly legislation? Across the country, members and regions continue to work hard for legislative change. Former DBIA National Chairman Mark Shambaugh successfully championed new legislation in Indiana. Up against fierce opposition, he worked tirelessly to advocate design-build legislation, including over 100 phone calls, more than 20 meetings and multiple PowerPoint presentations. He also brought together stakeholders, experts and consultants to improve the force and depth of his message. The lessons he learned through this process are a good guide for anyone interested in promoting design-build legislation in their own state. He shared these 10 recommendations for a successful advocacy campaign.
1. Consider retaining a lobbyist to guide the process and negotiate with opponents. A good lobbyist may help edit or even write parts of the bill, find a sponsor and advise on the best strategy for gaining passage.
2. Retain a DBIA local champion who will be active in the process. This can be a time-consuming task: a champion must set up and attend many meetings, develop a presentation on the merits of design-build and the proposed legislation, make countless phone calls and attend negotiating sessions with other groups, both those opposing the legislation and those allied with DBIA. A successful champion must be willing to carve out the time from their day-to-day responsibilities to drive this effort.
3. Pick the “right” model law that the particular state can tolerate. Consider the state’s past with design-build and current procurement needs. For example, a state with minimal design-build experience may be more comfortable with sector-specific legislation, whereas a state that has experienced success with design-build projects may be ready for a comprehensive bill.
4. Look for and develop a key alliance and forge other alliances with some key associations or public agencies early on and get them behind your bill. Members of other associations may be interested in joining forces. Another ally might be local universities, who may have a stronger voice in the legislature.
5. Develop a clear strategy and then be flexible. Various strategic decisions, such as which house to start the bill in, which committee within that house, which legislators to select for writing and then sponsoring the bill, which opponents to concede to, are also keys to success. Legislators with influence within the legislature who are willing to advocate for the new legislation are ideal bill sponsors.
6. Get the state’s governor on board with his support. If possible, involve the governor’s office early in the process to gain support for the new legislation.
7. Plan your state and house subcommittee testimonials well. It is critical to get the right and most influential people to provide positive testimonials, including public agencies, architects, engineers, practitioners, lawyers and nationally successful public agency project leaders to testify that design-build really makes a positive difference in cost, schedule and quality.
8. Enlist DBIA National’s support. DBIA National can provide materials, connections to experts and allies, assistance in providing model legislation and case studies, among other resources.
9. Gain financial support through contributions from stakeholders so that DBIA does not shoulder the full financial obligation.
10. Assemble a compelling presentation and materials for different audiences at different junctures throughout the process. It is often the case that legislators do not read the bill prior to testifying. Therefore, a persuasive presentation can prompt serious discussion and change minds in support of the bill during testimony.
Focus on Responsible Spending
President Obama continues to focus on transparency and responsible spending of stimulus funds, as evidenced by recent actions taken by the administration. Departments and agencies are asked to focus on projects that will create jobs and encourage economic recovery, including transportation and infrastructure investments, and to reject projects that do not accomplish the goals set forth by the American Recovery and Reinvestment Act (ARRA). President Obama requires departments and agencies to develop transparent and merit-based selection criteria for all projects using ARRA funds; imprudent projects, such as swimming pools, casinos, golf courses, zoos and aquariums are not permissible. Furthermore, in an effort to ensure the taxpayers’ best interests are represented, departments and agencies are not permitted to discuss specific projects with lobbyists. Additionally, the Recovery Accountability and Transparency Board has been established, and its members have been named. For more information, please visit DBIA’s Web site at www.dbia.org or www.recovery.gov.