Sec. 723. ALTERNATIVE PROJECT DELIVERY
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/statute-compilations/comps-17764/sec-723A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 723 ALTERNATIVE PROJECT DELIVERY ###
(a)In General Section 47142 of title 49, United States Code, is amended— ####
(1)in the section heading by striking “Design-build contracting” and inserting “Alternative project delivery”; ####
(2)in subsection (a)— #####
(A)in the matter preceding paragraph (1)— ######
(i)by striking “Administrator of the Federal Aviation Administration” and inserting “Secretary of Transportation”; and ######
(ii)by striking “award a design-build” and inserting “award a covered project delivery”; #####
(B)in paragraph
(2)by striking “design-build” and inserting “covered project delivery”; and #####
(C)in paragraph
(4)by striking “design-build contract will” and inserting “covered project delivery contract is projected to”; and ####
(3)by striking subsection
(c)and inserting the following: > > ### “(c) Pilot Program > > > #### “(1) Pilot program > > Not later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts, as described in subsection (d)(2), to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104. > > > #### “(2) Application > > > ##### “(A) Eligibility > > A sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under this chapter. > > > ##### “(B) Approval > > The Secretary may approve the application of a sponsor of an airport submitted under paragraph
(1)to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if— > > > ###### “(i) > > the Secretary approves the application using criteria established by the Secretary; > > > ###### “(ii) > > the integrated project delivery contract is in a form that is approved by the Secretary; > > > ###### “(iii) > > the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant; > > > ###### “(iv) > > the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project; > > > ###### “(v) > > the Secretary is satisfied that there will be no conflict of interest; and > > > ###### “(vi) > > the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process. > > > #### “(3) Reimbursement of costs > > > ##### “(A) In general > > The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if— > > > ###### “(i) > > the project funding is approved by the Secretary in advance; > > > ###### “(ii) > > the project is carried out in accordance with all administrative and statutory requirements under this chapter; and > > > ###### “(iii) > > the project is carried out under this chapter after a grant agreement has been executed. > > > ##### “(B) Accounting > > Reimbursement of costs shall be based on transparent cost accounting or open book cost accounting. > > > ### “(d) Covered Project Delivery Contract Defined > > In this section, the term ‘covered project delivery contract’ means— > > > #### “(1) > > an agreement that provides for both design and construction of a project by a contractor through alternative project delivery methods, including construction manager-at-risk and progressive design build; or > > > #### “(2) > > a single contract for the delivery of a whole project that— > > > ##### “(A) > > includes, at a minimum, the sponsor, builder, and architect-engineer as parties that are subject to the terms of the contract; > > > ##### “(B) > > aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and > > > ##### “(C) > > includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.” > . ###
(b)Briefing Not later than 2 years after the Secretary establishes the pilot program under section 47142(c) of title 49, United States Code (as amended by subsection (a)), the Secretary shall brief the appropriate committees of Congress on whether integrated project delivery or other covered project delivery contracts authorized under such section resulted in any project efficiencies. ###
(c)Clerical Amendment The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47142 and inserting the following:" “47142. Alternative project delivery.” ".