S.Amdt. 603

SA 603. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 3, Reserved; which was ordered to lie on the
table; as follows:

Strike section 1803 and insert the following:

[[Page S4655]]

SEC. 1803. DESIGN-BUILD CONTRACTING.

(a) In General.--Section 112(b) of title 23, United States
Code, is amended by striking paragraph (3) and inserting the
following:
``(3) Design-build contracting.--
``(A) Design-build contract.--In this section, the term
`design-build contract' means an agreement that provides for
design and construction of a project by a contractor,
regardless of whether the agreement is in the form of a
design-build contract, a franchise agreement, or any other
form of contract approved by the Secretary.
``(B) Contracts.--A State transportation department or
local transportation agency may--
``(i) use design-build contracts for development of
projects under this chapter; and
``(ii) award those contracts using any procurement process
permitted by applicable State and local law.
``(C) Limitation on work to be performed under design-build
contracts.--
``(i) In general.--Except as provided in clause (ii) and
subject to subparagraph (D), prior to compliance by the
parties to a design-build contract with section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332)--

``(I) a State transportation department or local
transportation agency may award a design-build contract under
this paragraph and conduct other actions under a design-build
contract; and
``(II) the Secretary may concur in the award of, and any
actions taken under, the design-build contract.

``(ii) Exception.--The final design of permanent
improvements shall not commence under a design-build contract
awarded under this paragraph before compliance by the parties
to the design-build contract with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
``(D) Project authorization.--A design-build contract may
be awarded under this paragraph prior to compliance described
in subparagraph (C)(ii) only--
``(i) upon request by the appropriate State transportation
department or local transportation agency;
``(ii) with the concurrence of the Secretary in issuing the
procurement documents and awarding the contract (including in
amending any such document or contract); and
``(iii) if authorization for projects to be carried out
under the contract will be provided after that compliance has
occurred.
``(E) Effect of concurrence.--Concurrence by the Secretary
under subparagraph (D)(ii) shall be considered to be a
preliminary action that does not affect the environment.''.
(b) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall promulgate revised
regulations under section 1307(c) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 112 note) that--
(1) permit a State transportation department or local
transportation agency to use any procurement process
permitted by applicable State and local law in awarding
design-build contracts, including allowing unsolicited
proposals, negotiated procurements, and multiple requests for
final proposals (except that the Secretary may require
reasonable justification to be provided for any sole source
procurement or multiple requests for final proposals);
(2) may include best-practice guidelines;
(3) do not preclude State transportation departments and
local transportation agencies from allowing proposers to
include alternative technical concepts in their base
proposals; and
(4) prior to compliance by the parties to a design-build
contract with section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332), if the design-build
contractor is not authorized to proceed with final design of
permanent improvements prior to that compliance, do not
preclude--
(A) State transportation departments and local
transportation agencies from issuing a request for a proposal
document, proceeding with award of a design-build contract,
or issuing a notice to proceed with preliminary design work
under such a contract; or
(B) concurrence in those actions by the Secretary.
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