Revisiting Consultants in Both Design & Construction Management

Can our consultant designing a project also perform the construction management/oversight for the same project?

Provided that the necessary controls and oversight practices are established to avoid any potential conflicts of interests, a consultant may now be procured to provide both design and construction phase services for a project.

The topic of consultants for both design and construction management has been discussed here in the past, but recent LAPM Chapter 10 updates now align with FHWA guidance. Prior to the recent update, Chapter 10 of the LAPM included policy that prohibited the option[1].

If your agency chooses to seek design and construction phase services under a single solicitation, it’s critical to evaluate your procurement procedures. In the event of a project audit or review, you’ll need to demonstrate that all potential for conflicts have been mitigated. Examples of measures to mitigate potential for conflicts of interests can be found in a previous post.

For additional information on the topic, visit FHWA’s Q&A section on Procurement Management and Administration of Engineering and Design Related Services (Page 32, Question 5).

  1. There is no federal requirement that expressly prevents the use of the same consultant for both phases, but FHWA allowed States to prohibit the practice by State law or policies and procedures. The previous version of Section 10.2 in the LAPM exercised this practice.  ↩

About David Giongco

David is an Area Engineer with the Division of Local Assistance at Caltrans helping local agencies throughout California successfully deliver their federal and state funded projects.

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