Consultant Use Guidelines for Local Public Agencies

The purpose of these guidelines is to provide direction to a template policy which Local Public Agencies (LPAs) can adopt as their own. Alternatively, LPAs can modify the template policy or develop their own original policy, as long as it is approved by WYDOT.

In general, state DOTs and LPAs must use qualifications-based selection procedures (Brooks Act, 40 USC 1102(2)) when acting as contracting agencies to procure engineering and design-related services for a project leading to construction and using federal funds (23 USC 112(b)(2) and 23 CFR 172).

Requirements applicable to engineering and design-related services contracts using federal funds include the need for a written policy identifying procedures for each method of procurement used to procure engineering and design-related services.  WYDOT procedures have been approved by the Federal Highway Administration (FHWA) through Operating Policy 40-1, Consultant Services Agreements. Attachment 1 to the Consultant Services Agreements Procedures Manual (below) provides guidance for LPAs regarding consultant use.