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

• Moving Ahead for Progress in the 21st Century Act (MAP-21) 07/06/2012
• United States Code
• 23 CFR 172 Administration of Engineering and Design Related Service Contracts
• 23 CFR 172 Administration of Engineering and Design Related Services Contracts Final Rule 06/02/2002
• 48 CFR 31 Contract Cost Principles and Procedures
• 49 CFR 18 Uniform Administrative Requirements for Grants, Cooperative Agreements to State, Local Governments (Common Grant Rule)
  • 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
  • "Consultant Services Requirements & Updated Q&A Guidance" Web Conference 03/27/2012
    Recording of web conference conducted on March 27, 2012, to provide a discussion of key Federal requirements and the clarifying guidance provided within the available questions and answers.
• 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 No. 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
• Repayment of Preliminary Engineering Costs (Order 5020.1) 04/26/2011
• Awarding Engineering and Design Services Contracts Based on the Brooks Act Requirements 12/12/2005
• 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
• Responsible Charge 08/04/2011
• State Administration of the Federal-Aid Program (Direct Versus Indirect Costs) 09/22/2011

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) 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