Q-U70. What procurement method must be used for alternative project delivery through a covered project delivery contract (Construction Manager at Risk (CMAR), Design-Build (D-B), or single contract of a whole project)?

Section 723(a) of the FAA Reauthorization Act of 2024 (P.L. 118-63) amends 49 U.S.C. §47142 by revising the section heading to “Alternative Project Delivery” instead of “Design-Build Contracting” and expanding the allowable contract types from solely design-build to include progressive design-build and integrated project delivery methods, collectively referred to as “Covered Project Delivery Contracts.” 

    Section 723(a)(3) defines a Covered Project Delivery Contract as: i. an agreement that provides for both design and construction of a project by a contractor through alternative project delivery methods, including CMAR and progressive design build; or ii. a single contract for the delivery of a whole project that—a. includes, at a minimum, the sponsor, builder, and architect-engineer as parties that are subject to the terms of the contract; b. aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and c. includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes. 

    Application approval processes for covered project delivery contracts use existing processes for design-build projects, which are defined under 49 U.S.C. §47142(a), and are outlined in the AIP Handbook, Table U-9, and in Advisory Circular (AC) 150/5100-14E, Change 1, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.