Sec. 1305. Alternative contracting methods
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/bill/116/s/2302/is/section-1305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 201 of title 23, United States Code, is amended by adding at the end the following: Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of— a Federal land management agency, in using any funds pursuant to sections 203, 204, or 308; a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs
(1)and
(2)of section 308(a); or a Tribal government, in using funds pursuant to section 202(b)(7)(D). The contracting methods referred to in paragraph
(1)shall include, at a minimum— project bundling; bridge bundling; design-build contracting; 2-phase contracting; long-term concession agreements; and any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. Nothing in this subsection— affects the application of the Federal share for the project carried out with a contracting method under this subsection; or modifies the point of obligation of Federal salaries and expenses. . Section 308(a) of title 23, United States Code, is amended by adding at the end the following: Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. The contracting methods referred to in subparagraph
(A)shall include, at a minimum— project bundling; bridge bundling; design-build contracting; 2-phase contracting; long-term concession agreements; and any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. . In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall— in consultation with the applicable Federal land management agencies, establish clear procedures that are— applicable to the alternative contracting method; and to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and analyze and prepare an evaluation of the use of the alternative contracting method.