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.

Authority/Legal Basis

1. Laws

   • Title 23 U.S.C. 112(b)(3) provides the FHWA's statutory requirements for the design-build project delivery method.

2. Regulations

   • Title 23 C.F.R. Part 636 provides the FHWA's regulatory policy for the design-build project delivery method. However, it should be noted that there were also revisions made to the FHWA's regulations in other program areas to address design-build. Specifically see the regulatory revisions in the December 10, 2002 final rule making.

3. Orders

   • None

4. Policy

   • December 10, 2002 final rule making
   • August 13, 2007 final rule on design-build

Guidance

1. General Information

   • Design-Build Effectiveness Study - Report to Congress as required by TEA-21, Section 1307(f)
   • Minnesota DOT's March 16, 2006 Report: Economic and Risk Assessment of Accelerating the ROC 52 Design and Construction Process (.pdf, 3.2 mb)
   • Design-Build Contracting for Highway Projects - A Performance Assessment, May 2005, Tom Warne and Associates, LLC
   • Utility Involvement in South Carolina Design-Build Projects - March 2005 FHWA document.
   • Design-Build Contracts and Right-of-Way - a 2001 document prepared by the FHWA Office of Real Estate Services
   • Design-Build Contracts and Right-of-Way Activities - a 2000 document prepared by the FHWA Office of Real Estate Services
   • 2002 Survey by SAIC for Illinois DOT on the Current Use of Design-Build
   • Prerequisite for Design-Build - (Report date: March 1993) by L. Gary Byrd, Considerations for Implementing Design-Build Contracts in the Federal-aid Highway Program
   • Utah State University Innovative Contracting Home Page provides work plans, evaluations and other information collected from the FHWA's Innovative Contracting Program SEP-14.
   • Finnish Road Enterprise - "Innovative Project Delivery Methods for Infrastructure An International Perspective" (pdf, 665 kb)

2. Training

   • Design-Build Institute of America
   • National Transit Institute
   • American Society of Civil Engineers - Design-Build Training
   • Federal Publications - Design-Build Construction

3. Design-Build Related Web Sites

   • State DOT/AASHTO Design-Build Web Sites
     • Washington State DOT Design-Build Guidebook (.pdf)
     • Minnesota DOT Design-Build Information
     • South Dakota DOT Design-Build Procedures
       
       
     • Current Design-Build Practices for Transportation Projects  A document developed and maintained by the AASHTO Joint Task Force on Design-Build
   • Other Design-Build Related Links
     • Window to Design-Build - University of Colorado web site
     • Design-Build Institute of America
     • AASHTO Joint Technical Committee on Design-Build