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
- Fixing America's Surface Transportation (FAST) Act 2015 12/04/2015
- 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 06/22/2015
- 48 CFR 31 Contract Cost Principles and Procedures
Policy and Guidance
- Procurement, Management, and Administration of Engineering and Design Related Services - Questions and Answers 05/19/2017
- "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.
- "Consultant Services Requirements & Updated Q&A Guidance" Web Conference 03/27/2012
- 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 on Safe Harbor Rate Streamlining for Engineering and Design Services Consultant Contracts 06/21/2019
- Statutory Changes to the Simplified Acquisition Threshold; Procurement of Engineering and Design Services Using Small Purchase Procedures Under 23 CFR 172.7(a)(2) 12/03/2018
- Implementation of Section 1517 of the 2012 Moving Ahead for Progress in the 21st Century Act (MAP-21) Mapping 03/10/2015
- 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
- Implementation of Section 321 of the 1995 NHS Designation Act - Utilization of the Private Sector for Surveying and Mapping Services 03/24/1998
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) 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.
- "National Compensation Matrix" Web Conference 06/19/2012
- 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 2014
- 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.