The LG may use a professional services provider for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping or architectural services related to a construction project. Professional services providers are defined, in part, as professional engineers, registered architects or registered professional land surveyors in the , often referred to as the Professional Services Procurement Act. This law requires a two-step, qualifications-based process in selecting and negotiating costs for contracts with professional providers.

The use of a professional service provider by the LG can be an eligible reimbursable cost in accordance with the local participation rules found in If the LG is seeking reimbursement for project-related professional services, it must be specifically stated in the advance funding agreement (AFA).

A general overview of the federal requirements for the professional services consultant process is described in the Federal Highway Administration (FHWA) video “Hiring a Consultant Using Competitive Negotiation Procedures” available on the FHWA . Selection of a professional services provider must conform to applicable sections of both federal and state law if cost reimbursement is desired by the LG or if the LG desires to have the value of the professional services credited to its share of the project or program.

LGs must submit their proposed professional services procurement process to their TxDOT district office for review. TxDOT may only grant approval to proposed processes complying with applicable federal and state rules. For design/build projects, the selection procedure requirements can be found in . The LG’s use of TxDOT’s selection process or an alternate process must receive prior written approval by TxDOT.

The (LGPM Guide) provides additional guidance on the required practices used for professional services selection and contracting. The Guide also lists the LG and TxDOT district responsibilities for the professional service provider selection process and agreements.

Professional service providers (contractors and suppliers) are not allowed to participate in federally funded projects if they are suspended or debarred. The professional service provider is required to certify as to its current eligibility status. Certification is also required of all prospective participants in lower-tier transactions. This includes sub-consultants, material suppliers, vendors, etc. The state of Texas has similar requirements prohibiting contracts with debarred providers. The LG is required to verify its professional service providers and lower-tier providers are not debarred by the federal or state government prior to contract award. Additional information on debarment is provided in the .