Sec. 1304: Innovative Project Delivery Methods Questions & Answers

Posted 9/25/2012

Section 1304 of MAP-21 - Innovative Project Delivery Methods -- builds off the Every Day Counts initiative (EDC). EDC is designed to identify and deploy innovation aimed at shortening project delivery, enhancing the safety of our roadways, and protecting the environment. In challenging times, it's imperative we pursue better, faster, and smarter ways of doing business. The increased Federal share for innovative techniques and practices authorized by section 1304 of MAP-21 will incentivize use of such innovation to help delivery projects more efficiently and to deploy rapidly proven solutions that make a difference.

The questions and answers below provide additional information about the provision.

Question 1: What is the purpose of this provision?

Answer 1: The purpose of the innovative project delivery methods provision under Section 1304 of MAP-21 is to promote the use of innovative technologies and practices that increase the efficiency of construction, accelerate construction, improve the safety, improve the quality, reduce congestion from construction, and extend the service life of highways and bridges.

Question 2: What constitutes innovative technologies and practices?

Answer 2: Innovative technologies and practices are:

• innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility;
• innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges;
• technologies and practices that accelerate project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or
• technologies and practices that reduce congestion related to highway construction.

To qualify under section 1304, technologies and practices should be truly innovative, not just the current standard practice of the agency. They should be technologies or practices that are new or have only rarely been used for unique or special applications.

We recognize that a technique or practice that may be considered innovative today may not be considered innovative in the future. Additionally, we also recognize that a technique or practice may be widely used in one State, but not another. Therefore, FHWA will review the list of techniques and practices every two years to determine whether each listing is still innovative. We also will review the list of techniques and practices to determine which States currently used the technique or practice. FHWA will update the list of techniques and practices based on usage nationwide and by State. Any technique or practice that is widely used will be removed from the list either from use nationwide or by a State.

Question 3: What are examples of innovative technologies and practices?

Answer 3: Examples of innovative technologies and practices include, but are not limited to:

• prefabricated bridge elements and systems and other technologies to reduce bridge construction time, such as Geosynthetic Reinforced Soil Integrated Bridge Systems and Slide-in Bridges;
• innovative construction equipment, materials, or techniques, including the use of in-place recycling technology, Warm-mix Asphalt, intelligent compaction equipment, and digital 3-dimensional modeling technologies;
• innovative contracting methods, including design-build, construction manager-general contractor, and Alternative Technical Concepts;
• contract provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable; or
• innovative safety strategies including high friction surfaces to reduce crashes, and the Safety Edge, and intersection and interchange geometrics.

Additional information on these innovations or more examples of innovations may be found at the Every Day Counts (https://www.fhwa.dot.gov/everydaycounts/) and Highways for LIFE (https://www.fhwa.dot.gov/hfl/) websites.

This list of examples is not meant to be exhaustive. If you have questions about whether a technology or practice is innovative and would qualify for the increased Federal share under 23 U.S.C. 120(c)(3), please contact the Division Office in your State.

Question 4: What projects are eligible for this provision?

Answer4: Projects must be eligible for and must be carried out with funding under the National Highway Performance Program (NHPP), the Surface Transportation Program (STP), or Metropolitan Planning (PL) and must propose to use one or more innovative technologies and practices.

Question 5: Is there a limitation on the amount of Federal-aid highway funds that are available for the increased Federal share?

Answer 5: Yes, there is a limitation. In each fiscal year, a State may apply up to 10 percent of its combined apportionments under the National Highway Performance Program, (NHPP), the Surface Transportation Program (STP), and Metropolitan Planning (PL) (23 U.S.C. 104(b)(1),(2), and (5)) for this provision.

Question 6: What incentives are provided by this provision?

Answer 6: The Federal share payable may be increased by up to 5 percent of the total project cost, not to exceed 100 percent, for projects determined to meet the requirements specified in 23 U.S.C. 120(c)(3).

Question 7: When does this provision go into effect?

Answer 7: This provision takes effect on October 1, 2012.

Question 8: How will this provision be administered?

Answer 8: FHWA Division Offices will administer the program. State DOTs may submit an application for the increased Federal share provided by Section 1304. Applications should:

• identify the innovative technology or practice;
• describe how the innovative technology or practice increases the efficiency of construction, accelerates the construction, improves the safety, improves the quality, reduces congestion from construction, and/ or extends the service life of highways and bridges; and
• show that the technology or practice is innovative and meets the eligibility requirements.

The Division Office will review the application and determine if the project is eligible.