Design

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 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200). In addition, contracts for engineering and design related services which utilize Federal-aid highway program funds and are directly related to a planned 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

• Fixing America's Surface Transportation (FAST) Act 2015 (12/4/15)
• Moving Ahead for Progress in the 21st Century Act (MAP-21) (07/06/2012)
• United States Code
• 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (01/01/2016)
• 23 CFR 172 Procurement, Management, and Administration of Engineering and Design Related Services Final Rule (.pdf) (06/22/2015)
• 48 CFR 31 Contract Cost Principles and Procedures

Policy

• Repayment of Preliminary Engineering Costs (Order 5020.1A) (06/08/2018)
• Repayment of Preliminary Engineering Costs (Order 5020.1) (04/26/2011)
• 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 (Order 4470.1A) (10/27/2010)
• FHWA Policy on Permissible Project Related Activities During the NEPA Process (Order 6640.1A) (10/01/2010)
• Florida -- Consultant Service Contracts Incentive-Disincentive (I/D) Clauses (01/22/1988)

Guidance

• Procurement, Management, and Administration of Engineering and Design Related Services - Questions and Answers (.pdf) (05/19/2017)
  • "Overview of 23 CFR 172 - Procurement, Management, and Administration of Engineering and Design Related Services. The recording provides an overview of the rulemaking published on June 22, 2015 which updated 23 CFR Part 172.
• Implementation of Section 1517 of the 2012 Moving Ahead for Progress in the 21st Century Act (MAP-21) Mapping (03/10/15)
  • Implementation of Section 321 of the 1995 NHS Designation Act - Utilization of the Private Sector for Surveying and Mapping Services (03/24/1998)
• Local Public Agency Stewardship Issues (02/13/2012)
• State Administration of the Federal-Aid Program (Direct Versus Indirect Costs) (09/22/2011)
• Responsible Charge (08/04/2011)

Additional Resources/Reference Material

• Consultant Selection Independent Cost Estimate Peer Exchange Final Summary Report (.pdf, 0.1 mb) (02/17/2017)
  • Opening Remarks (.pdf, 1 mb)
  • FHWA Presentation (.pdf, 2 mb)
  • Florida Presentation (.pdf, 1 mb)
  • Minnesota Presentation (.pdf, 0.5 mb)
  • Seattle Presentation (.pdf, 1 mb)
  • Washington Presentation (.pdf, 0.3 mb)
• Consultant Services Peer Exchange (Recorded 03/30/2016)
• American Association of State Highway and Transportation Officials (AASHTO) Guide for Consultant Contracting (March 2008)
• American Association of State Highway and Transportation Officials (AASHTO) National Compensation Matrix (2012) (.xls, 4.6 mb)
  • "National Compensation Matrix" Web Conference 06/19/2012
    Recording of web conference conducted on June 19, 2012, to provide an overview discussion of the 2012 AASHTO National Compensation Matrix tool for determining reasonable levels of executive compensation in Architectural & Engineering consulting firms performing services on Federal-aid highway projects.
• American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide For Audits of Architectural and Engineering (A/E) Consulting Firms (2012 Edition) (.pdf, 8 mb)
• Federal Register Notice for Proposed Rulemaking, request for comments: Procurement, Management, and Administration of Engineering and Design Related Services (.pdf, 0.3 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)
• National Highway Institute (NHI) Training Courses:
  • Using the AASHTO Audit Guide for the Procurement and Administration of A/E Contracts - Course No. FHWA-NHI-231028
  • Using the AASHTO Audit Guide for the Development of A/E Consultant Indirect Cost Rates - Course No. FHWA-NHI-231029
  • Using the AASHTO Audit Guide for the Auditing and Oversight of A/E Consultant Indirect Cost Rates - Course No. FHWA-NHI-231030
• NCHRP Project 20-07, Task 225 Final Report: Best Practices in the Management of Design Errors and Omissions (March 2009) (.pdf)
• System for Award Management (SAM) Federal Government web site for verification of consultant and contractor eligibility status (e.g., suspension, debarment, or exclusion) for participation on Federal-aid contracts.

Contacts

• FHWA Consultant Services Program Contacts