Transit Oriented Development Projects

Q. Where can one get information on the process of selecting and contracting with private real estate developers to develop a mixed use residential/retail/commercial project on public owned land and adjacent to a transit facility?

A. The Best Practices Procurement Manual (BPPM) Section 1.3.3.9, "Transit Oriented Joint Development Projects," provides some valuable but general guidance to grantees that are involved with the kind of project that you are describing. However, we know of no single source of information that can describe the best approach for selecting and contracting with private real estate developers. We would strongly advise you to start with the guidance in the BPPM which advises you of the regulatory documents affecting these projects and also points you at the very beginning of the process to your regional FTA office for advice and guidance. You will need guidance as to which parts of your project will be affected by the Federal regulations concerning third-party contracts (e.g., required Federal clauses, such as Buy America, Davis-Bacon, etc., and the flow-down requirements to subcontractors).

We would also advise you to contact some of the larger transit agencies to see if they have experience with Joint Development Projects like MARTA’s that would be useful to you (e.g., BART, Los Angeles MTA, WMATA, New York City Transit). (Revised: September 2010)