Private innovation can be maximized by engaging a private developer early in the development process, even before completion of preliminary engineering, although this must be done in a manner that does not prejudice environmental analysis under the National Environmental Policy Act (NEPA). Where this approach is used, it will not be possible for the price of construction services to be considered in selecting the private partner-as a general matter, price can be ascertained only after the NEPA analysis has been completed and preliminary engineering work performed to define the scope of the project. Consequently, laws must permit the negotiation of a price for final design and construction using methods that assure the reasonableness of the final agreed price.