Construction Program Guide
Design-Build Project Delivery
On December 10, 2002 in response to section 1307 of TEA-21, FHWA published the final rule which established regulations for design-build contracting as 23 CFR Part 636. Subsequent modifications required by section 1503 of SAFETEA-LU resulted in revisions published in a final rulemaking on August 14, 2007. Among the revisions made by SAFETEA-LU were the elimination of the dollar thresholds for "qualified" projects; and permission to release an RFP or award a design-build contract prior to completion of NEPA. Design-build procurement processes which deviate from the requirements of 23 CFR 636 may require an SEP-14 work plan and approval. The February 12, 2014 Final Rule revised FHWA's Design-Build regulations at 23 CFR 636.209 relating to the use of Alternate Technical Concepts (ATCs); the Final Rule eliminates the requirement to submit a base proposal when a contracting agency allows design-build proposers to submit ATCs in their technical and price proposals.
Laws
- 23 U.S.C. 112(b)(3) Design-Build Contracting (2021) provides the FHWA's statutory requirements for the design-build project delivery method.
Regulations
- 23 CFR 636 Design Build Contracting (2022)
- Design-Build Contracting; Final Rules dated
- 02/12/2014
- 08/14/2007
- 02/19/2003 (corrections to 12/10/2002 final rule)
- 12/10/2002
Note: A final rule may include revisions to FHWA regulations in other program areas to address design-build contracting.
Guidance
General Information
- Design-Build Effectiveness Study (January 2006)
Training
- Design-Build Institute of America (DBIA) – Learning Center
- Design-Build-Contracting – ASCE On-Demand Training