27 CAR § 92-308 – Environmental documentation

(a) The preparation of project environmental documents (PED), and the subsequent obtaining of required environmental and regulatory clearances, should normally be performed by the Arkansas Department of Transportation in accordance with the regulations for implementing the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., as promulgated by the Council on Environmental Quality.
(b) The RFQ may be released prior to the conclusion of the National Environmental Policy Act of 1969 review process as long as the RFQ informs proposers of the general status of the National Environmental Policy Act of 1969 process.
(c) The National Environmental Policy Act of 1969 review process is concluded with:
1. (1) A categorical exclusion classification;
2. (2) An approved finding of no significant impact; or
3. (3) An approved record of decision.
(d) Specialty environmental requirements for the project and/or the proposer to consider may be identified in the procurement documents.
(e) Implementation of any environmental commitments and mitigation measures identified during the National Environmental Policy Act of 1969 process should be specifically included as requirements in the procurement documents and should make clear the allocation of cost and schedule risk if a proposer suggests any design features that would require a change or reevaluation of the PED.
(f) In general, the proposer should retain any risk for modifications to the project scope initiated by the proposer which is not consistent with the PED and any approvals provided by the department in the procurement documents.