1 July 1998
Who is responsible for paying permit cost
Provide sample permit applications forms in the RFP.
c. Identify operating permits as well as construction permits. Operating permits are
permits for equipment operation such as air source permits for exhaust systems. Identify the
permits the Government will obtain and those the Design-Build Contractor must obtain.
NOTE: Assigning responsibility for permits can become a
Government liability issue. Design Criteria Professionals should
exercise care and sound judgment in determining what permits
should be the responsibility of the Government and what should
be the Design-Build contractor's responsibility.
d. The Government must accept responsibility for permits or preparation of permit data
that are out of the control of the Design-Build contractor.
e. The Government must accept the probability that permits on certain environmental
project-related requirements can change from the time the RFP was developed until the actual
time the design, construction or permit is executed. The RFP should contain the best available
information. The Government will have to modify the Design-Build contractor's contract as
f. Wetland areas and floodplain should be determined by the Government prior to
advertising the RFP. Wetlands should be shown on the drawings included in the RFP.