New York Division
Project Approvals -- Consultant Agreement Checklist
PIN: / Date:Contract #: / Consultant:
Project Description:
Name of Reviewer:
Type of Agreement: Original Agreement Supplemental Agreement
Prelim Design Final Design Construction Inspection Other ______
Consultant Selection / Procurement / Reference
(from 23 CFR) / Y / N / NA / Comments
Was Competitive Negotiation used for procurement of the consultant design services? If not, was justification submitted and FHWA approval granted? / 172.3 172.5(a)(1)172.5(a)(3)
Was the RFP made by public announcement, advertisement, or any other method that assures qualified consultants were given a fair opportunity? / 172.5(a)(1)
Were qualification-based selection procedures used as required by the Brooks Act [23 USC § 112 (b)(2)(A)]? / 172.5(a)(1)
Did the RFP clearly explain evaluation factors and ranking selection factors?
Were DBE firms considered? / 172.5(b)
Consultant Agreement / Scope of Work / Reference
(from 23 CFR) / Y / N / NA / Comments
Is the scope sufficiently detailed to clearly state what is expected of the consultant under this agreement?
If work is to be performed by NYSDOT and/or others, is it noted in the agreement?
Is the scope description (work to be completed by the consultant, NYSDOT, others) sufficient for completing all assigned tasks?
Is the duration of the contract specified in the agreement?
Is the duration of the contract considered satisfactory?
Payment / Reimbursement / Compensation / Reference
(from 23 CFR) / Y / N / NA / Comments
Does NYSDOT’s request include an independent cost estimate based on the State’s best estimate of cost? / 630.106(a)(3)
Is compensation calculated in a way that does not use a “cost plus a percentage of cost” method? It should be based on risk. / 172.5(c)
Is the prime compensation estimate adequately supported in the agreement? (staffing tables)
Has supporting cost data for direct and indirect costsbeen provided? (non-salary tables)
Is the consultant cost less than 15% of the estimated cost of construction? If not, what is the justification?
Monitoring Consultant Progress / Reference
(from 23 CFR) / Y / N / NA / Comments
NYSDOT is responsible for monitoring the consultant’s progress. If the Area Engineer wants quarterly updates, have they been requested? / 172.9(a)(5)
Supplemental Agreements / Time Extensions / Reference
(from 23 CFR) / Y / N / NA / Comments
Is the additional work, cost, and/or time reasonable?
Recommendations / Reference
(from 23 CFR) / Y / N / NA / Comments
Have all NO responses above been resolved by separate letter, memorandum, or e-mail prior to formal FHWA approval of agreement?
In signing, I recommend approving the expenditure of Federal funds for this consultant agreement. The electronic signature authorizing this project serves as the formal approval. No costs incurred prior to the FMIS approval date are eligible for Federal reimbursement. Any conditions will be noted in the Division remarks section of FMIS.
______
Reviewed byDate
Last updated April 27, 2007