[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR636.109]

[Page 187]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 636_DESIGN-BUILD CONTRACTING--Table of Contents
 
                            Subpart A_General
 
Sec. 636.109  How does the NEPA review process relate to the design-build 
procurement process?

    In terms of the design-build procurement process:
    (a) The 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.
    (b) The RFP must not be released prior to the conclusion of the NEPA 
process. The NEPA review process is concluded with either a Categorical 
Exclusion classification, an approved Finding of No Significant Impact, 
or an approved Record of Decision as defined in 23 CFR 771.113(a).
    (c) The RFP must address how environmental commitments and 
mitigation measures identified during the NEPA process will be 
implemented.

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