1. (a)

   1. (1) Right-of-way acquisition will normally be the responsibility of the Arkansas Department of Transportation.
   2. (2) In order to prevent proposers from arbitrarily pricing uncertainty of ROW availability, right-of-way acquisition will typically be initiated upon completion of the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., process prior to completion of the procurement phase.
   3. (3) In some cases, right-of-way acquisition may continue after the completion of the procurement phase if specifically authorized by the Director of State Highways and Transportation.
   4. (4) In cases where right-of-way acquisition will continue after completion of the procurement phase, the RFP and technical provisions must specify the department’s right-of-way acquisition/delivery schedule so that the design-builder can plan for access to certain parcels on the specified timeline.
   5. (5) The department must carefully consider what the delivery dates will be for each parcel, including any condemnation processes that may be needed.
   6. (6) A delay in the schedule for right-of-way acquisition in these cases may entitle a design-builder to schedule relief and/or delay damages.

2. (b)

   1. (1) During the implementation phase of the project, the design-builder may, in some cases, request additional right-of-way be acquired for the project to facilitate a feature in the final design, prepared by the design-builder, which deviates from the preliminary design.
   2. (2) Such a request may or may not be approved by the department depending on the circumstances.
   3. (3) If the request is approved, the design-builder is ultimately responsible for the direct costs and the impacts in the project including the project schedule due to the additional right-of-way acquisitions.

Codification Notes: “ROW” means right-of-way.