§ 636.119. How does this part apply to a project developed under a public-private partnership?
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/us/cfr/t23/s§ 636.119·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In order for a project being developed under a public-private agreement to be eligible for Federal-aid funding (including traditional Federal-aid funds, direct loans, loan guarantees, lines of credit, or some other form of credit assistance), the contracting agency must have awarded the contract to the public-private entity through a competitive process that complies with applicable State and local laws.
(b)If a contracting agency wishes to utilize traditional Federal-aid funds in a project under a public-private agreement, the applicability of Federal-aid procurement procedures will depend on the nature of the public-private agreement.
(1)If the public-private agreement establishes price, then all subsequent contracts executed by the developer are considered to be subcontracts and are not subject to Federal-aid procurement requirements.
(2)If the public-private agreement does not establish price, the developer is considered to be an agent of the owner, and the developer must follow the appropriate Federal-aid procurement requirements (23 CFR part 172 for engineering service contracts, 23 CFR part 635 for construction contracts and the requirements of this part for design-build contracts) for all prime contracts (not subcontracts).
(c)The STD must ensure such public-private projects comply with all non-procurement requirements of 23 U. S. Code, regardless of the form of the FHWA funding (traditional Federal-aid funding or credit assistance). This includes compliance with all FHWA policies such as environmental and right-of-way requirements and compliance with such construction contracting requirements as Buy America, Davis-Bacon minimum wage rate requirements, for federally funded construction or design-build contracts under the public-private agreement. \[67 FR 75926, Dec. 10, 2002, as amended at 72 FR 45337, Aug. 14, 2007\]
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- 23 CFR 172
- 23 CFR 635
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§ 636.119
How does this part apply to a project developed under a public-private partnership?
Fed. Reg.×4
Cite23 CFR 172
Cite23 CFR 635
Cites 2Cited by 4 across 1 source