23 CFR § 636.513 - Are limited negotiations allowed prior to contract execution?

---
identifier: "/us/cfr/t23/s636.513"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 636.513 - Are limited negotiations allowed prior to contract execution?"
title_number: 23
title_name: "Highways"
section_number: "636.513"
section_name: "Are limited negotiations allowed prior to contract execution?"
chapter_name: "FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "G"
subchapter_name: "ENGINEERING AND TRAFFIC OPERATIONS"
part_number: "636"
part_name: "DESIGN-BUILD CONTRACTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1503 of Pub. L. 109-59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b)."
regulatory_source: "67 FR 75926, Dec. 10, 2002, unless otherwise noted."
cfr_part: "636"
---


# 636.513 Are limited negotiations allowed prior to contract execution?

(a) Yes, after the source selection but prior to contract execution, you may conduct limited negotiations with the selected design-builder to clarify any remaining issues regarding scope, schedule, financing or any other information provided by that offeror. You must comply with the provisions of § 636.507 in the exchange of this information.

(b) Limited negotiations conducted under this section may include negotiations necessary to incorporate the ideas and concepts from unsuccessful offerors into the contract if a stipend is offered by the contracting agency and accepted by the unsuccessful offeror and if the requirements of section 636.113 are met.

[67 FR 75926, Dec. 10, 2002, as amended at 73 FR 77502, Dec. 19, 2008]