However, if the agreement sets a price and assignment of risk, the developer is not bound by the FHWA`s procurement requirements and all subsequent contracts performed by the developer are considered subcontracts. The pre-development agreement itself does not set a price or risk allocation for the design and construction of the project, but rather establishes a framework for setting the price and a risk allocation in the implementation agreement. Therefore, in the context of the procedure envisaged by the ODOT, it will not be necessary to examine the pre-development agreement to determine whether the price and risk were awarded for the purposes of Article 23 C.F.R. 636.1 19(b) . . .