Sec. 1303. LETTING OF CONTRACTS
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## SEC. 1303 LETTING OF CONTRACTS ###
(a)Efficiencies in Contracting Section 112(b) of title 23, United States Code, is amended by adding at the end the following: > > #### “(4) Method of contracting > > > ##### “(A) In general > > > ###### “(i) 2-PHASE CONTRACT > > A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services. > > > ###### “(ii) Preconstruction services phase > > In the preconstruction services phase of a contract under this paragraph, the contractor shall provide the contracting agency with advice for scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification. > > > ###### “(iii) Agreement > > Prior to the start of the construction services phase, the contracting agency and the contractor may agree to a price and other factors specified in regulation for the construction of the project or a portion of the project. > > > ###### “(iv) Construction phase > > If an agreement is reached under clause (iii), the contractor shall be responsible for the construction of the project or portion of the project at the negotiated price and in compliance with the other factors specified in the agreement. > > > ##### “(B) Selection > > A contract shall be awarded to a contractor under this paragraph using a competitive selection process based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency. > > > ##### “(C) Timing > > > ###### “(i) Relationship to nepa process > > Prior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may— > > > ###### “(I) > > issue requests for proposals; > > > ###### “(II) > > proceed with the award of a contract for preconstruction services under subparagraph (A)(ii); and > > > ###### “(III) > > issue notices to proceed with a preliminary design and any work related to preliminary design, to the extent that those actions do not limit any reasonable range of alternatives. > > > ###### “(ii) Construction services phase > > A contracting agency shall not proceed with the award of the construction services phase of a contract under subparagraph (A)(iv) and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). > > > ###### “(iii) Approval requirement > > Prior to authorizing construction activities, the Secretary shall approve— > > > ###### “(I) > > the price estimate of the contracting agency for the entire project; and > > > ###### “(II) > > any price agreement with the general contractor for the project or a portion of the project. > > > ###### “(iv) Design activities > > > ###### “(I) In general > > A contracting agency may proceed, at the expense of the contracting agency, with design activities at any level of detail for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project. > > > ###### “(II) Reimbursement > > Design activities carried out under subclause
(I)shall be eligible for Federal reimbursement as a project expense in accordance with the requirements under section 109(r). > > > ###### “(v) Termination provision > > The Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.” > . ###
(b)Regulations **[**[23 U.S.C. 112 note](/us/usc/t23/s112)**]** The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a). ###
(c)Effect on Experimental Program **[**[23 U.S.C. 112 note](/us/usc/t23/s112)**]** Nothing in this section or the amendment made by this section affects the authority to carry out, or any project carried out under, any experimental program concerning construction manager risk that is being carried out by the Secretary as of the date of enactment of this Act.
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