(2) The department shall develop a process for the
solicitation of bids, requests for proposals and awarding of
design-build contracts for highway projects contained in the
list required under paragraph (1).
(3) The department shall have the sole discretion to
accept and award design-build contracts under the program.
(4) No more than 25% of the aggregate dollar amount of
the department's highway projects in any fiscal year may be
completed through a design-build contract under the program.
(d) Applicability.--The provisions of 62 Pa.C.S. § 511
(relating to methods of source selection) shall not apply to the
program.
§ 9703. Regulations.
(a) General rule.--In order to facilitate the implementation
of this subchapter, the department may promulgate regulations or
publish guidelines to implement any provision which is required
under this subchapter or which the department determines are
appropriate for implementation of this subchapter.
(b) Temporary regulations.--Notwithstanding any other
provision of law, any regulation promulgated by the department
under this subchapter during the two years following the
effective date of this section shall be deemed temporary
regulations which shall expire no later than three years
following the effective date of this section or upon
promulgation of final regulations. The temporary regulations
shall not be subject to any of the following:
(1) Sections 201, 202, 203 and 204 of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(2) The act of June 25, 1982 (P.L.633, No.181), known as
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