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Current Design-Build Practices for Transportation Projects

17. Organization Conflict of Interest Policies

The FHWA regulations (23 CFR 636.116 ) provides guidance on specific conflict of interest issues that may arise on design-build contracts and provide minimum standards for contracting agencies to identify, mitigate or eliminate apparent or actual organizational conflict of interest issues. Since the December 10, 2002 final rule making, a few states have implemented organizational conflict of interest provisions in their design-build procurement procedures.

See Florida DOT's November 2008 directive titled: "Restriction on Consultant's Eligibility to Compete for Department Contracts" for design-bid-build and design-build projects. For public-private partnership projects, see Florida DOT's November 2007 directive titled: "Public-Private-Partnership (PPP) Conflicts of Interest."

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