1. (a)

   1. (1) The organization and operation of Federal Highway Administration oversight for all Arkansas Department of Transportation projects is established in the stewardship and oversight agreement (SOA) which has been developed and executed between the Arkansas Division of the Federal Highway Administration and the department.
   2. (2) The purpose of the SOA is to assist in the implementation of the provisions contained in the Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141, and previous federal highway authorization acts.
   3. (3) The SOA covers all major aspects associated with the administration of the federal-aid highway program under Title 23, Title 49, and other associated laws.

2. (b)

   1. (1) The current edition of the SOA became effective upon execution on April 29, 2015, superseding the previous 2009 edition which was effective on October 20, 2009.
   2. (2) Memoranda of understanding (MOU) will be developed between the department and the Federal Highway Administration to augment and further define their roles for design-build (D-B) projects.
   3. (3) A key element of these MOU will be to expand and clarify the processes, delegations, and authorizations required for the delivery of D-B projects which must be accomplished prior to solicitation of any department D-B projects.

   4. (4) It is understood that Attachment C will be updated as needed based on the execution of new:

      1. (A) Laws;
      2. (B) Regulations;
      3. (C) Directives;
      4. (D) Manuals; and
      5. (E) Operating agreements.
3. (c) If the D-B project requires the use of federal funds, then the department must obtain a Federal Highway Administration project authorization.

4. (d)

   1. (1) Depending on the scope of the D-B project and the details of the procurement process, the department may be required to obtain the project authorization in multiple steps.
   2. (2) The department may need to obtain one (1) approval for preliminary engineering, another approval for right-of-way acquisition, and another approval of the RFP to reach ultimate project authorization.
   3. (3) To meet the project schedule requirements, the department will need to involve the Federal Highway Administration early in the project development and incorporate their input throughout the D-B process as required.
   4. (4) The specific authorizations, steps, and required approvals will be included in the updated SOA.
5. (e) Any D-B development process requiring Federal Highway Administration approval must proceed in accordance with the latest executed SOA.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following at the end of this section: "Refer to the 2009 SOA for further details concerning the FHWA Oversight Process for D-B projects at http://www.fhwa.dot.gov/federalaid/stewardship/agreements/pdf/ar.pdf and any later updated editions on the Department website as they become available. Note: This section may need to modified or be superseded upon approval of any future editions of the SOA."