i.  Design-Build

As mentioned earlier, many States do not have legislation allowing for the use of design-build. Yet the use of design-build is the first step toward public-private partnerships and can lead toward more expansive public-private partnerships, which include financing options. The lack of design-build authorization can be a serious impediment to the formation of any public-private partnership in a State. Commenters have suggested that the Federal government encourage States to enact legislation that would allow State DOTs to use this procurement tool.[358]