Page:United States Statutes at Large Volume 117.djvu/2534

 PUBLIC LAW 108–176—DEC. 12, 2003

117 STAT. 2515

‘‘(C) amounts available for airport development under this subchapter will not be used for additional terminal development projects at the airport for at least 1 year beginning on the date the grant is used to repay the borrowed money. ‘‘(5) APPLICABILITY OF CERTAIN LIMITATIONS.—A grant under this subsection shall be subject to the limitations in subsection (b)(1) and (2).’’.

Subtitle D—Miscellaneous SEC. 181. DESIGN-BUILD CONTRACTING.

(a) IN GENERAL.—Subchapter I of chapter 471 is further amended by adding at the end the following: ‘‘§ 47142. Design-build contracting ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration may approve an application of an airport sponsor under this section to authorize the airport sponsor to award a design-build contract using a selection process permitted under applicable State or local law if— ‘‘(1) the Administrator approves the application using criteria established by the Administrator; ‘‘(2) the design-build contract is in a form that is approved by the Administrator; ‘‘(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant; ‘‘(4) use of a design-build contract will be cost effective and expedite the project; ‘‘(5) the Administrator is satisfied that there will be no conflict of interest; and ‘‘(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least 3 or more bids will be submitted for each project under the selection process. ‘‘(b) REIMBURSEMENT OF COSTS.—The Administrator may reimburse an airport sponsor for design and construction costs incurred before a grant is made pursuant to this section if the project is approved by the Administrator in advance and is carried out in accordance with all administrative and statutory requirements that would have been applicable under this chapter if the project were carried out after a grant agreement had been executed. ‘‘(c) DESIGN-BUILD CONTRACT DEFINED.—In this section, the term ‘design-build contract’ means an agreement that provides for both design and construction of a project by a contractor.’’. (b) CONFORMING AMENDMENT.—The analysis for chapter 471 is further amended by inserting after the item relating to section 47141 the following: ‘‘47142. Design-build contracting.’’. SEC. 182. PILOT PROGRAM FOR INNOVATIVE FINANCING OF AIR TRAFFIC CONTROL EQUIPMENT.

49 USC 44502 note.

(a) IN GENERAL.—In order to test the cost effectiveness and feasibility of long-term financing of modernization of major air

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