Employment of Consultants

Procurement of all engineering and design related services contracts financed with Federal-aid highway funds must be based on negotiations that utilize, (1) qualification-based procedures complying with title IX of the Federal Property and Administrative Services Act of 1949, (2) equivalent State qualification-based procedures or (3) a formal procedure permitted by State statutes. The Federal Highway Administration policy and guidance on use of consultants are in Title 23 Code of Federal Regulations Part 172 (23 CFR 172), ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICE CONTRACTS.

Procurement Procedures

• 23 CFR 172 Subpart A -Administration of Engineering and Design Related Service Contracts
  • Final Rule - Federal Register Notice, June 12, 2002
    PDF version (74 kb)
• 23 U.S.C 112 Letting of Contracts
• Administration of Engineering and Design Related Services Contracts - Questions and Answers

Quality Through Competition (Section 307 of the NHS Act)

• Section 307 of the NHS Act of 1995 provides for a "single audit", performed in accordance with the FAR, for establishing indirect cost rates and does not allow any administrative or de facto ceilings of any kind.

Utilization of the Private Sector for Surveying and Mapping Services (Section 321 of the NHS Act)

• Section 321 of the NHS Act of 1995 requires the Secretary to ". . . issue guidance to encourage States to utilize, to the maximum extent practicable, private sector sources for all or part of surveying and mapping services for projects under this title [Title 23 U.S.C.]."
• March 24, 1998, implementing memorandum.

Small Purchases Threshold

"The term 'simplified acquisition threshold' means $100,000." (See 41 U.S.C 403 (11))

Private Sector Involvement Program

Section 1060 of the Intermodal Surface Transportation Efficiency Act of 1991 required the establishment of a program to encourage states to contract with private firms for engineering and design services. Congress has not, to date, appropriated funds for the program.

Brooks Act

• 12/12/05 Memo: Awarding Engineering and Design Services Contracts Based on Brooks Act Requirements
• 40 U.S.C., Chapter 10 -- for information on SELECTION OF ARCHITECTS AND ENGINEERS, see Subchapter VI, paragraphs 541 through 544.

Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments

• 49 CFR 18

Federal Acquisition Regulation (FAR)