Consultant Services

Consultant services funded in whole, or in part, with Federal-aid highway program funds shall be procured and administered in accordance with the requirements of the Common Grant Rule (49 CFR 18). In addition, contracts for engineering and design related services which utilize Federal-aid highway program funds and are directly related to an ultimate construction project must also comply with the requirements established in 23 U.S.C. §112 and 23 CFR 172. Engineering and design related services are defined as "program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping or architectural related services" (as specified in 23 U.S.C. §112(b)(2)(A) and 23 CFR §172.3). Many additional Federal laws and regulations apply to the procurement and administration of engineering and design related services.

As the Federal laws and regulations governing these services are substantively complex, this web site provides the statutory and regulatory framework, Federal Highway Administration (FHWA) policies, and supporting guidance and resources.

Laws and Regulations

• Letting of Contracts - 23 U.S.C 112
• (Brooks Act) Selection of Architects and Engineers - 40 U.S.C. 11
• Administration of Engineering and Design Related Service Contracts - 23 CFR 172
  • Final Rule - Federal Register Notice, June 12, 2002
• Federal Acquisition Regulations (FAR) Contract Cost Principles and Procedures - 48 CFR 31
• (Common Grant Rule) Uniform Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments - 49 CFR 18
  • Sections 18.36(a), 18.36(i)(10)-(11), and 18.37(a) contain procurement and administration requirements applicable to States and State subgrantees.
  • Sections 18.36(b)-(i) and 18.37(b) contain procurement and administration requirements applicable to other direct grantees (non-State) and subgrantees of these direct grantees.
  • Section 18.36(j)-(t) contain additional requirements applicable to all contracting agencies under a US DOT grant.

Policy and Guidance

• Procurement, Management, and Administration of Engineering and Design Related Services - Questions and Answers
• FHWA Order 4470.1A - FHWA Policy for Contractor Certification of Costs in Accordance with Federal Acquisition Regulations (FAR) to Establish Indirect Cost Rates on Engineering and Design-related Services Contracts (10/27/2010)
• FHWA Memo: Awarding Engineering and Design Services Contracts Based on Brooks Act Requirements (12/12/2005)
• FHWA Memo: Implementation of Section 321 of the National Highway System Designation Act (NHS Act) of 1995 (3/24/1998)

Additional Resources/Reference Material

• American Association of State Highway and Transportation Officials (AASHTO) Guide for Consultant Contracting (March 2008)
• American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide For Audits of Architectural and Engineering (A/E) Consulting Firms (2010 Edition) (.pdf, 3 mb)
• FHWA Contract Administration Core Curriculum Participant's Manual and Reference Guide 2006
• FHWA Design Build Web Site
• Government Accountability Office (GAO) Government Auditing Standards (December 2011)  
• NCHRP Project 20-07, Task 225 Final Report: Best Practices in the Management of Design Errors and Omissions (March 2009) (.pdf)

Contacts

• FHWA Consultant Services Program Contacts