Non-TxDIP Federal-Aid Projects

TxDOT assumes all projects oversight responsibilites for all Federal-Funded projects unless otherwise stated in the TxDIP SO Plan, or 2015 Stewardship and Oversight aggreement. Use the
FHWA Contract Administration Core Curriculum (CACC)
, related federal regulations, and Deparment policy to determine federal participation for TEs and COs.
Federal Participation
The Federal Project Authorization and Agreement (FPAA) must reflect accurate project limits. For COs that change project limits, include detailed drawings showing the new project limits.
Federal-aid funds may be used to participate in COs that all:
  • in conformance with federal and state laws
  • allowed by the CACC and federal regulation.
  • in compliance with an FHWA policy or procedure.
Federal-aid participation may be granted if all:
  • he work on the CO did not adversely affect the public.
  • the Department acted in good faith and did not willfully violate a federal requirement.
  • the work was performed in full compliance with federal and state laws.
  • the federal participation does not exceed the cost that would have been incurred had full compliance been achieved.
  • the work was performed according to the contract.
Federal Non-Participation
Examples of COs not eligible for the federal participation are:
  • work performed prior to the "effective date" provided in the Federal Letter of Authorization
  • work performed outisde the project limits and/or involves a significant change in scope, unless the additional work is an emegergency, is to provide a transition at the existing project limits and is covered by a CST-reviewed and concurrence provided Public Interest Finding (PIF) determination.
  • routine maintenance items that are the responsibility of either the contractor or the Department. Examples: graffiti removal, culvert cleaning, worksite maintenance, etc
Examples of individual contract items not eligible for federal participation are
  • work performed by state forces or other "non-competitively bid" work.
  • significant changes in contract scope, unless covered under an approved Public Interest Finding (PIF) determination.
  • completed work that is determined not to be in substantial compliance with the contract.
  • materials that do not meet specifications (Federal participation may be allowed for the reduced price of materials determined to serve the intended purpose of the contract. Accept for federal participation minor deviations at the full price of materials).
  • additional time or cost caused by un-acquired Right of Way (ROW) or incomplete utility adjustments.
  • purchase of unused contractor materials placed in state stock (If the material is subsequently used on another federal-aid project, charge the material cost to the project.);
  • negotiated prices that are determined to be unjustified.
  • work done for the convenience of the contractor (may be eligible for participation depending on specifics and adequate justification)
  • unaudited claim settlements, unless the audit requirement is waived in writing.
  • contract work paid through another means, such as Incidental Construction.
  • anything involving rework.
  • State-furnished materials not included in the original contract and not supported by PIF.