LAP Frequently Asked Questions

Frequently Asked Questions for the Local Agency Program

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What is the availability of, review process for, and storage of electronic files for FDOT, FHWA, and local agency staff?
If $1 of Federal Funds is spent on the project, it federalizes the whole project. When does this apply?
If an agency is receiving Federal Funds for Construction but using Local Funds for CEI and if they are procuring CEI or Compliance services, do they still need to follow federal provisions and regulations for the CEI firm selection?
Are local agencies required to use FDOT standard specifications 580 (landscaping) for LAP Projects?
Is there a minimum advertising period that local agencies need to meet on state funded local projects?
What is the difference between Advance Project Reimbursement and Alternative Pay Method?
What is the federal eligibility of Mast Arm Signalized intersections?
On a project with bid alternates, do you consider the low bidder as the person with the lowest base bid or the lowest base bid+alternates?
Are Vendor Negotiations required to be in a performed in a public meeting?
Can I use my Local Agency's preference program on a federal-aid contract?
What is the USDOT requirement for DBE contract language?
Should a Local Agency include errors and omission language in their procedures?
Questions from FHWA 1273 Compliance Training from January 17-18, 2018 at the Brevard County Operation Center in Cocoa.

Section 5.01 of the LAP Agreement mandates that records and documents shall be kept for 5 years. The paragraph goes on to mention that all subcontractors to the Agency performing work on the project must keep these records as well. Should we interpret this to mean that the Agency can/should mandate, in their Bid Documents, which the contractors abide by the same record-keeping procedures?
For the overview of Records retention requirements, please consult is 2 CFR 200.333: Records Retention and Access. For procurement of professional services contracts is governed by 23 CFR 172.9(c)(6): “(c) Contract provisions. Contracts must include the following provisions: (6) Retention of all required records for not less than 3 years after the contracting agency makes final payment and all other pending matters are closed”.

For construction projects Page 149 of the Contract Administration Core Curriculum Manual it states that “the project record keeping system must provide for the reconstruction of the chain of events that occurs on a project”. In the next paragraph it states “For the contractor, the 3-year record retention period begins with the STA’s final payment”.