December 9, 1991, Transmittal 1

G 6090.13




  1. Purpose
  2. Authority
  3. Interagency Agreements
  4. Definitions
  5. Initiation of Projects
  6. Responsibility for Work

  1. PURPOSE. To prescribe policies and procedures applicable to the performance of programming, preliminary engineering and construction services for other Federal agencies at their request. It is also applicable to work for those Federal agencies covered by interagency agreements (see paragraph 3) unless the procedures cited herein are in conflict with the formal inter agency arrangements.

  2. AUTHORITY. 23 U.S.C. 308(a) and 31 U.S.C. 1535(a).

  3. INTERAGENCY AGREEMENTS. Interagency agreements currently applicable for continuing programs of work for other Federal agencies are as follows:

    1. U.S. Forest Service of the Department of Agriculture for Forest Development roads.

    2. National Park Service of the Department of Interior for major roads in national parks, monuments, recreation areas and parkways.

    3. Bureau of Indian Affairs of the Department of Interior for Indian reservation roads and bridges.

    4. Bureau of Land Management of the Department ofInterior for Public Lands Development roads and trails.

    5. Bureau of Land Management of the Department of Interior for Access roads on and to the revested Oregon and California Railroad and reconveyed Coos Bay Wagon grant lands in Oregon ("O and C lands").

    6. Federal Railroad Administration of the Department of Transportation for Federal Railroad Administra tion projects including work at the Transportation Test Center, Pueblo, Colorado.


    1. Division Engineer - the Federal Lands Highway Engineer.

    2. Client Agency - the Federal agency for whom the work is being performed.


    1. Extensive and continuing programs of work by FHWA for a client agency should be covered by an inter agency master agreement similar to those mentioned in paragraph 3. Such agreements shall set forth the principles and procedures under which work is to be accomplished.

    2. The client agency may implement an interagency master agreement with respect to an individual project by a letter of request to the Division Engineer for his or her concurrence. The letter shall constitute the program under which the work is to be done, describe the project and work to be accomplished, the estimated cost, make provision for financing the project, and set forth any conditions that are applicable, but not covered by the general agreement.

    3. When a client agency requests FHWA to perform work and there is no interagency master agreement in effect to cover the proposed work, the following action shall be taken:

        (1) Interagency master agreements to cover performance of extensive or continuing programs of work by FHWA, should be referred to the Washington Headquarters for execution.

        (2) Interagency agreements to cover performance of work for specific projects or groups of projects may be executed by the Division Engineer. Such agreements should be similar in form and include the information as shown in Attachment 1 insofar as practical.

        (3) Purchase orders may be used to cover work of a minor nature.

    4. Before FHWA can be committed, either by exchange of correspondence or by agreement, to actually undertake work for another agency, sufficient funds shall be available from the client agency to cover the cost of the work.


    1. Federal Lands Highway Construction by FLH Divisions

        (1) The responsibility and the general procedures for making preliminary investigations and surveys, preparing plans, specifications and estimates, bidding forms and other documents for advertising and for award and execution of contracts shall be as pre scribed for Forest Highway projects in FHPM, Volume 6, Chapter 9, Section 2, Subsection 3 with the following exceptions and modifications:

          (a) Preliminary investigations and surveys. Preliminary investigations shall be made as agreed upon with the client agency. Generally the route or routes will have been selected by the client agency and FHWA responsibilities will be limited to the detailed studies as necessary for the location survey. Inthe event a disagreement on route se lection or location develops, final determination after FHWA has made its recommendations, shall be the respon sibility of the client agency except that projects undertaken on a continu ing basis for other Federal agencies shall be in accordance with applicable interagency agreements or memorandums of understanding. FHWA shall be re sponsible for the extent and the ade quacy of surveys necessary to provide information upon which plans for con struction are to be based and for the development of maps, ties to land lines and other engineering data as needed in connection with the acquisition of rights-of-way.

          (b) Design standards. Highway projects shall be designed in accordance with standards prescribed in 23 CFR, Part 625. Standards other than those pre scribed in 23 CFR, Part 625, are ac ceptable when such standards have been developed by the client agency to meet the requirements of 23 CFR Chapter II, Part 1230 or have been agreed upon by interagency agreement. In addition, when the client agency requests devia tions from standards, for routes tra versing scenic areas or primarily serving recreation traffic or low traffic volumes or when necessary to preserve aesthetic features, full con sideration should be given to these re quests. The Division Engineer shall, however, invite attention of the responsible officials of that agency to any design features which he/she considers to be inconsistent with the needs as indicated by safety and an ticipated traffic requirements.

          (c) Social, economic and environmental considerations. The client agency shall be responsible for overall com pliance with the National Environmental Policy Act of 1969. Engineering services necessary for preparation of the environmental impact documentation, may be provided when requested by the client agency.

          (d) Preparation of plans. The preparation of plans shall ve corrdinated with the client agency as agreed to by the client agency.

          (e) Approval of plans, specifications and estimates. Final approval of the PS&E shall be by the Division Engineer or his authorized representative. Ap proval shall be indicated by signature and date on the plan title sheet. Ap proval in writing by a responsible of ficial of the client agency shall be obtained either by letter or by signature on the plans.

          (f) Authorization to advertise and advertising for bids. The client agency should determine when funds for con struction and contract administration are available and when environmental requirements and other conditions have been met and should notify the Division Engineer by letter when it is satisfactory to advertise for bids.

          (g)Award of contract. The concurrence of a responsible official of the client agency shall be obtained before award of contract is made except as otherwise agreed to by the client agency. When bids exceed the available funds, a request for additional funds should be made in conjunction with obtaining con currence in award of the contract by the client agency.

        (2) The Federal Lands Highway Division Engineers shall be responsible for contract administration, inspection, and final acceptance when designated as Contracting Officer.

    2. Construction Under Federal-Aid Procedures. By virtue of FHWA authority to perform services for other Government agencies "by contract or other wise" any engineering or other service requested by another agency under 31 U.S.C. 1535(a) may also be accomplished by State or local highway agencies under regular Federal-aid procedures. Work to be accomplished in this manner shall be the responsi bility of the State or local highway agency having jurisdiction over the route, subject to approval by FHWA, unless otherwise provided for in agree ment made between FHWA, the client agency and the State highway department (and/or other local high way agency when involved).

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