Common use of Regulatory Process Clause in Contracts

Regulatory Process. Not later than 90 days after the date of enactment of the SAFETEA–LU, the Secretary shall issue re- vised regulations under section 1307(c) of the Transportation Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230) that— (i) do not preclude a State transpor- tation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), from— (I) issuing requests for proposals; (II) proceeding with awards of design- build contracts; or (III) issuing notices to proceed with preliminary design work under design- build contracts; (ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary be- fore carrying out an activity under clause (i); and (iii) preclude the design-build contractor from proceeding with final design or con- struction of any permanent improvement prior to completion of the process under such section 102.

Regulatory Process. Not later than 90 days after the date of enactment of the SAFETEA–LU, the Secretary shall issue re- vised regulations under section 1307(c) of the Transportation Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230) that— (i) do not preclude a State transpor- tation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), from— (I) issuing requests for proposals; (II) proceeding with awards of design- build contracts; or (III) issuing notices to proceed with preliminary design work under design- build contracts; (ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary be- fore carrying out an activity under clause (i); and (iii) preclude the design-build contractor from proceeding with final design or con- struction of any permanent improvement (D) APPLICATION OF RATES.—Once a firm’s indirect cost rates are accepted under this 1 So in original. prior to completion of the process under such section 102.

Regulatory Process. Not later than 90 days after the date of enactment of the SAFETEA–LU, the Secretary shall issue re- vised regulations under section 1307(c) of the Transportation Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230) that— (i) do not preclude a State transpor- tation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), from— (I) issuing requests for proposals; (II) proceeding with awards of design- build contracts; or (III) issuing notices to proceed with preliminary design work under design- build contracts; (ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary be- fore carrying out an activity under clause (i); and (iii) preclude the design-build contractor from proceeding with final design or con- struction of any permanent improvement prior to completion of the process under such section 102.improvement