ADMINISTRATION OF RIGHT-OF-WAY SERVICE CONTRACTS

In 1988, 49 CFR Part 18, U. S. DOT's implementation of the common rule for grants and cooperative agreements with State and local governments, superceded all regulations and guidance that were not based on legislation or approved by the Office of Management and Budget. This included FHWA's right-of-way contracting requirements that existed.

A State is to use its own procedure for procurement of goods and services, including right-of-way, in accordance with 49 CFR 18.36(a). In addition, 49 CFR 18.37(a) requires the State to administer sub-grants to local governments in accordance with the State=s own procedures. Local government subgrantees (LPAs) are to follow procurement procedures specified by the State, unless the State approves the LPA to follow its own procedures. Only in those exceptional cases where an FHWA grant is made directly to a grantee other than a State do the specific requirements of 49 CFR 18.36(b) through (i) apply.

The following policy memoranda, guides and contract samples are offered for further information and use:

1. March 23, 2001 policy memorandum signed by Ms. Susan B. Lauffer, Director of the Office of Real Estate Services
2. FHWA Contracting Guidance for Right-of-Way Service Contracts
3. A Guide for Developing a Right-of-Way Service Contract
4. November 2, 1994 policy memorandum signed by Mr. Anthony R. Kane, as Associate Administrator for Program Development
5. Right-of-Way Services Contracting Guide
6. Arizona Request for Proposal
7. Colorado Request for Proposal
8. Colorado Contract for Real Property Appraisals
9. Kansas Performance Evaluation Guidelines

To provide Feedback, Suggestions or Comments for this page contact Kathleen Facer kathleen.facer@fhwa.dot.gov.