PURPOSE: This rule sets forth the scope of the chapter.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) This chapter describes the commission’s policies and procedures for approving designbuild projects financed under Title 23, United States Code (U.S.C.), by use of state funds, by use of funds of local public agencies or counties, or any combination of fund sources. All acquisitions under these rules are competitive acquisitions.
2. (2) The provisions of this chapter apply to all design-build projects within the state highway system, interstate or National Highway System (NHS) highway or linked to a federal-aid highway project (i.e., the project would not exist without another federal-aid highway project).
3. (3) The design-build contracting technique is optional and its use by the commission is limited by federal and state law.

4. (4) Relations of the National Environmental Protection Act (NEPA) review process to the design-build procurement process.

   1. (A) A commission Request for Qualification (RFQ) solicitation may be released prior to the conclusion of the NEPA review process as long as the RFQ solicitation informs proposers of the general status of the NEPA process.
   2. (B) A commission Request for Proposal

5. (RFP) may be issued prior to the conclusion of the NEPA process as long as the RFP informs proposers of the general status of the NEPA process and that no commitment will be made as to any alternative under evaluation in the NEPA process, including the nobuild alternative as defined in Title 23, Code of Federal Regulations (CFR) 636.109. Title 23, CFR, section 636.109 is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street NW, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the Code of Federal Regulations in 23 CFR 636.109.

   1. (C) The environmental commitments and mitigation measures identified during the NEPA process are included in the commis- 7 CSR 10-24

sion’s RFP for the design-built project, including how such commitments and mitigation measures will be implemented.

AUTHORITY: sections 226.020, 226.030, and 227.107, RSMo 2016.* Original rule filed Aug. 15, 2005, effective Feb. 28, 2006. Amended: Filed Dec. 5, 2017, effective July 30, 2018. *Original authority: 226.020, RSMo 1939; 226.030, RSMo 1939, amended 1965, 2003, 2004, 2009; and 227.107, RSMo 2002, 2007, 2009, 2011, 2016.