PURPOSE: This rule provides for the designbuild method used in determining a project “qualified” and how it applies to Intelligent Transportation System (ITS) projects.

1. (1) Subject to the provisions of 227.107, RSMo Supp. 2004, the design-build contracting technique may be used for any qualified or nonqualified project which the commission deems to be appropriate on the basis of project delivery time, cost, construction schedule and/or quality.
2. (2) The use of the term “qualified project” does not limit the use of design-build contracting by the commission. It merely determines the Federal Highway Administration’s (FHWA’s) procedures for approval. The division administrator may approve the designbuild method for a “qualified project” which meets the requirements of this chapter.
3. (3) The FHWA division administrator may also approve other design-build projects (which do not meet the “qualified projects” definition) by using Special Experimental Projects No. 14 (SEP-14), “Innovative Contracting Practices,” provided the project meets the requirements of this chapter. Projects that do not meet the requirements of this chapter, (either “qualified or nonqualified” projects) must be submitted to the FHWA for conceptual approval.
4. (4) As a consequence of these differences in FHWA procedures, Missouri Department of Transportation (MoDOT) procedures will vary to comply with FHWA procedures.

5. (5) For the purpose of this chapter, a federalaid ITS design-build project meets the criteria of a “qualified project” if:

   1. (A) A majority of the scope of services provides ITS services (at least fifty percent (50%) of the scope of work is related to ITS services); and
   2. (B) The estimated contract value exceeds five (5) million dollars.

AUTHORITY: sections 226.020, RSMo 2000 and 226.030 and 227.107, RSMo Supp. 2004.* Original rule filed Aug. 15, 2005, effective Feb. 28, 2006. *Original authority: 226.020, RSMo 1939; 226.030, RSMo 1939, amended 1965, 2003, 2004; and 227.107, RSMo 2002.