What conditions apply to design-build contracts awarded before the NEPA process is completed?
The contracting agency must receive prior FHWA Division Office concurrence before issuing the RFP and awarding the contract. Also, the design-build contract must include provisions preventing the contractor from proceeding with final design or construction activities prior to the completion of the NEPA process, pursuant to the FHWA NEPA regulation at 23 CFR 771.113(a). The design-build contract must include termination provisions in the event the no-build or no action alternative is selected at the end of the NEPA process. Where does the revised regulation address design-build contracting and the NEPA process? The revised regulation addresses the NEPA process at 23 CFR 636.109. Where can I get a copy of the final rule and learn more about design-build contracting? The final rule can be viewed at http://www.fhwa.dot.gov/programadmin/contracts/fedreg071408.cfm Also, see the September 2007 “Successes in Streamlining” Newsletter at http://environment.fhwa.dot.gov/strmlng/newsletters/sep07n
