Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 24 - Design-Build Project Contracts
Section 7 CSR 10-24.020 - General

Universal Citation: 7 MO Code of State Regs 10-24.020

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This rule sets forth the scope of the chapter.

(1) This chapter describes the commission's policies and procedures for approving design-build projects financed under Title 23, United States Code (U.S.C.), by use of state funds, by use of funds of local public agencies or counties, or any combination of fund sources. All acquisitions under these rules are competitive acquisitions.

(2) The provisions of this chapter apply to all design-build projects within the state highway system, interstate or National Highway System (NHS) highway or linked to a federal-aid highway project (i.e., the project would not exist without another federal-aid highway project).

(3) The commission is neither requiring nor promoting the use of the design-build contracting method. The design-build contracting technique is optional and its use limited by law.

(4) Relations of the National Environmental Protection Act (NEPA) review process to the design-build procurement process.

(A) A commission Request for Qualification (RFQ) solicitation may be released prior to the conclusion of the NEPA review process as long as the RFQ solicitation informs proposers of the general status of the NEPA process.

(B) A commission Request for Proposal (RFP) may be issued prior to the conclusion of the NEPA process as long as the RFP informs proposers of the general status of the NEPA process and that no commitment will be made as to any alternative under evaluation in the NEPA process, including the no-build alternative as defined in Title 23, Code of Federal Regulations (CFR) 636.109. Title 23, CFR, section 636.109 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street N W, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the Code of Federal Regulations in 23 CFR 636.109.

(C) The environmental commitments and mitigation measures identified during the NEPA process are included in the commission's RFP for the design-built project, including how such commitments and mitigation measures will be implemented.

*Original authority: 226.020, RSMo 1939; 226.030, RSMo 1939, amended 1965, 2003, 2004; and 227.107, RSMo 2002.

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