FHWA has long sought to remove barriers to the use innovative procurement processes through Special Experimental Programs, SEP-14 and SEP-15. SEP-15 established in 2004 allows use of experimental features on Federal-aid projects to test project delivery techniques that might otherwise be restricted by FHWA regulations or policy. Intended to encourage experimentation in the entire project development process, SEP-15 specifically aims at increasing private investment, project management flexibility, innovation and efficiency, and promoting timely project implementation and new revenue streams. SEP-15 cannot be used to modify the application of environmental laws.
Most recently the SEP-15 procedure has been accessed to permit the TIFIA office to put in place for a Texas project a conditional term sheet and draft credit agreement in advance of proposer selection in a competitive PPP solicitation.