---
kind: "section"
citation: "49 U.S.C. § 47142"
title: "49"
title_heading: "Transportation"
number: "47142"
heading: "Alternative project delivery"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/47142"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part B — Airport Development and Noise"
  - "Chapter 471 — Airport Development"
  - "Subchapter I — Airport Improvement"
---

# §47142. Alternative project delivery

- (a) **In General.—** The Secretary of Transportation may approve an application of an [airport](/usc/49/40102.md?p=a-9) [sponsor](/usc/49/47102.md?p=26) under this section to authorize the [airport](/usc/49/40102.md?p=a-9) [sponsor](/usc/49/47102.md?p=26) to award a covered [project](/usc/49/47102.md?p=17) delivery contract using a selection process permitted under applicable [State](/usc/49/47102.md?p=27) or local law if—
  - (1) the Administrator approves the application using criteria established by the Administrator;
  - (2) the covered [project](/usc/49/47102.md?p=17) delivery 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 covered [project](/usc/49/47102.md?p=17) delivery contract is projected to be cost effective and expedite the [project](/usc/49/47102.md?p=17);
  - (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](/usc/49/47102.md?p=17) under the selection process.
- (b) **Reimbursement of Costs.—** The Administrator may reimburse an [airport](/usc/49/40102.md?p=a-9) [sponsor](/usc/49/47102.md?p=26) for design and construction costs incurred before a grant is made pursuant to this section if the [project](/usc/49/47102.md?p=17) 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](/usc/49/47102.md?p=17) were carried out after a grant agreement had been executed.
- (c) **Pilot Program.—**
  - (1) **Pilot program.—** Not later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated [project](/usc/49/47102.md?p=17) delivery contracts, as described in [subsection (d)(2)](#d-2), to carry out up to 5 building construction [projects](/usc/49/47102.md?p=17) at [airports](/usc/49/40102.md?p=a-9) in the [United States](/usc/49/40102.md?p=a-46) with a grant awarded under section 47104.
  - (2) **Application.—**
    - (A) **Eligibility.—** A [sponsor](/usc/49/47102.md?p=26) of an [airport](/usc/49/40102.md?p=a-9) may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction [project](/usc/49/47102.md?p=17) under the pilot program that would otherwise be eligible for assistance under this chapter.
    - (B) **Approval.—** The Secretary may approve the application of a [sponsor](/usc/49/47102.md?p=26) of an [airport](/usc/49/40102.md?p=a-9) submitted under [paragraph (1)](#c-1) to authorize such [sponsor](/usc/49/47102.md?p=26) to award an integrated [project](/usc/49/47102.md?p=17) delivery contract using a selection process permitted under applicable [State](/usc/49/47102.md?p=27) or local law if—
      - (i) the Secretary approves the application using criteria established by the Secretary;
      - (ii) the integrated [project](/usc/49/47102.md?p=17) delivery contract is in a form that is approved by the Secretary;
      - (iii) the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant;
      - (iv) the Secretary is satisfied that the use of an integrated [project](/usc/49/47102.md?p=17) delivery contract will be cost effective and expedite the [project](/usc/49/47102.md?p=17);
      - (v) the Secretary is satisfied that there will be no conflict of interest; and
      - (vi) the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process.
  - (3) **Reimbursement of costs.—**
    - (A) **In general.—** The Secretary may reimburse a [sponsor](/usc/49/47102.md?p=26) of an [airport](/usc/49/40102.md?p=a-9) for any design or construction costs incurred before a grant is made pursuant to this section if—
      - (i) the [project](/usc/49/47102.md?p=17) funding is approved by the Secretary in advance;
      - (ii) the [project](/usc/49/47102.md?p=17) is carried out in accordance with all administrative and statutory requirements under this chapter; and
      - (iii) the [project](/usc/49/47102.md?p=17) is carried out under this chapter after a grant agreement has been executed.
    - (B) **Accounting.—** Reimbursement of costs shall be based on transparent cost accounting or open book cost accounting.
- (d) **Covered Project Delivery Contract Defined.—** In this section, the term “covered [project](/usc/49/47102.md?p=17) delivery contract” means—
  - (1) an agreement that provides for both design and construction of a [project](/usc/49/47102.md?p=17) by a contractor through alternative [project](/usc/49/47102.md?p=17) delivery methods, including construction manager-at-risk and progressive design build; or
  - (2) a single contract for the delivery of a whole [project](/usc/49/47102.md?p=17) that—
    - (A) includes, at a minimum, the [sponsor](/usc/49/47102.md?p=26), 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](/usc/49/47102.md?p=18) and [project](/usc/49/47102.md?p=17) outcomes; and
    - (C) includes processes to ensure transparency and collaboration among all parties to the contract relating to [project costs](/usc/49/47102.md?p=18) and [project](/usc/49/47102.md?p=17) outcomes.

## Source credit

(Added Pub. L. 108–176, title I, § 181(a), Dec. 12, 2003, 117 Stat. 2515; amended Pub. L. 118–63, title VII, § 723(a), May 16, 2024, 138 Stat. 1265.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this section, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 118–63, which added subsec. (c) and was approved May 16, 2024.

### Amendments

2024—Pub. L. 118–63, § 723(a)(1), substituted “Alternative project delivery” for “Design-build contracting” in section catchline.

Subsec. (a). Pub. L. 118–63, § 723(a)(2)(A), substituted “Secretary of Transportation” for “Administrator of the Federal Aviation Administration” and “award a covered project delivery” for “award a design-build” in introductory provisions.

Subsec. (a)(2). Pub. L. 118–63, § 723(a)(2)(B), substituted “covered project delivery” for “design-build”.

Subsec. (a)(4). Pub. L. 118–63, § 723(a)(2)(C), substituted “covered project delivery contract is projected to” for “design-build contract will”.

Subsecs. (c), (d). Pub. L. 118–63, § 723(a)(3), added subsecs. (c) and (d) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “In this section, the term ‘design-build contract’ means an agreement that provides for both design and construction of a project by a contractor.”

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.