134.2 Solicitation and Selection Process

Forms and Figures

Fig. 134.2.2 Processing Standard Consultant Contracts Checklist

Fig. 134.2.2.2, Solicitation and Request Letter

Fig. 134.2.2.5.1, Consultant Rating Form

Fig. 134.2.2.5.2, Consultant Selection Rating Summary

Fig. 134.2.2.5.3, Consultant Selection Approval Letter

Fig. 134.2.2.5.4, District/Division Approval of Short List

Fig. 134.2.2.5.5, Sample Criteria and Point Values for Rating Presentations/Interviews

Fig. 134.2.2.5.6, Invitation to Present

Fig. 134.2.2.5.7, Sample Letter to Interview

Fig. 134.2.4 Processing On-Call/MOU Consultant Contracts Checklist

When MoDOT needs consultant services, specific processes for soliciting and selecting a consultant must be followed. MoDOT must use the Qualifications Based Selection (QBS) for the procurement of engineering and design related services. This is mandated by both the federal and state law. See EPG 134.1.1 Federal Law and EPG 134.1.2 State Law for the applicable laws. If MoDOT does not follow the solicitation and selection process, federal funds could be jeopardized.

134.2.1 Professional Services Committee (PSC)

The PSC ensures MoDOT follows state and federal laws for the use of professional services. The committee is composed of the Transportation Planning Director, State Design Engineer (chair) and the State Bridge Engineer. The committee may incorporate additional Division Directors/Engineers for contracts involving areas under their responsibility.

MoDOT is committed to getting the “best value for every dollar spent”. This is accomplished in the consultant selection by using the QBS process and selecting the most qualified consultant not the lowest bidder. The PSC ensures MoDOT follows the QBS process for all MoDOT consultant procurements with the exception of the Design-Build projects where the Design Build Project Director is responsible for ensuring QBS is followed.

PSC approval is required at the following stages:

1. The PSC approves the district or division engineer’s request to solicit consultants to provide professional services for MoDOT. The PSC also approves the dollar amount of PE/CE budgeted for this professional services contract.
2. For standard contracts and supplemental agreements, the PSC approves the negotiated number of task-hours and the “not to exceed” amount of the contract concurrent with the execution of the contract. The division liaisons review and provide comments prior to the PSC approval.
3. For on-call contracts, the PSC approves district and division consultant selections for master agreements.

134.2.2 Consultant Solicitation and Selection Process - Standard Solicitation Method

Outlined below is the step-by-step process for Standard Consultant Solicitation and Selection Method. The standard solicitation method is used for most MoDOT Consultant projects. This method gives all consultants equal consideration during the solicitation process. Fig. 134.2.2 Processing Standard Consultant Contracts Checklist has been developed to help project managers through the paperwork process of hiring a consultant using the standard method.

134.2.2.1 Solicitation and Selection Step 1 – PE Funding

After the need to procure a consultant has been identified, the MoDOT Project Manager (PM) or Contract Administrator (CA) must first ensure that Preliminary Engineering (PE) funds are identified in the approved STIP or STIP amendment for this project and if applicable, the TIP or appropriate MoDOT Budget. The PM/CA should work with their District Planning Manager if there is a need to revise the STIP and/or TIP to adjust the funding levels to match the project costs.

134.2.2.2 Solicitation and Selection Step 2 – PM/CA to Submit Solicitation & Request Letter to PSC

The PM/CA will work with the core team members to develop a more detailed scope of services for the consultant contract. The PM/CA will also need to identify the following items prior to sending a request to solicit for a consultant services to the PSC:

1. Construction Project Information – Project Description

2. Construction Project Information – Fiscal Year for Construction Project Award

3. Construction Project Information – Estimated project construction amount

4. Scope of Services – Detailed description of anticipated consultant services.

5. Project Funding – Total consultant contract costs (not to exceed amount).

6. Project Funding – Total consultant contract costs broken down by fiscal year.

7. Project Funding – Anticipated budget to be used for consultant services.

8. Project Funding – State or federal funds for PE. All projects must be evaluated to determine if it will have federal assistance. Work with your Design Liaison Engineer to make this determination.

9. Project Funding – Amount of PE dollars in the STIP

10. Project Funding – Cost Share/Cost Participation Information or federal earmark (if applicable)

11. DBE Requirements –Once the scope of work is defined, the MoDOT PM/CA must obtain a DBE Goal by sending the appropriate project information to MoDOT Business Development and Compliance (BDC) for review at DBEConsultGoal@modot.mo.gov. The DBE goal shall be included in the PSC solicitation request letter and the solicitation itself. All consultant contracts that utilize federal funds must be reviewed by BDC, regardless of the dollar amount of the contract.

12. Will consultant selection process include interviews or presentation – can be determined by the PSC

13. Period of Service – for the consultant contract.

14. Selection Process – for procurement of consultant (ex: Standard Solicitation, Modified Solicitation etc.). See Consultant Presentations and Interviews, below, to determine if they are needed.

15. Selection/Procurement Schedule – Anticipated schedule for procurement.

16. Anticipated Incentive/Disincentive Provisions – for the consultant contract (if applicable) See EPG 134.5.6 Incentive and Disincentive Program.

17. The PM/CA should identify any additional division director(s) (e.g., Bridge, State Highway Safety and Traffic, Right of Way, Environmental, Construction, etc.) who may need to review and sign the PSC letter.

All of the items listed above must be included in the Solicitation and Request Letter prepared by the PM/CA and sent to the Design Liaison and all needed divisions for review. Once all the reviews have been completed and all comments addressed, the letter is sent to the PSC via the email group CODEPSCReview with the names of all signers needed. The solicitation must not contain any information concerning task-hours, labor rates or cost information. If a maximum known dollar value is available to fund the professional services contract, the dollar value may be noted in the solicitation to avoid submission of letters by consultants unable to provide the services for the expenditure MoDOT has determined as reasonable for the projects. Cost information can only be considered after a consultant has been selected and a contract is being negotiated. The solicitation should contain ALL of the rating categories that will be used to rate the consultant. MoDOT must follow RsMO 8.289 when evaluating the consultant but additional criteria can be added as long as it is published in the solicitation. PM/CAs must indicate on the Solicitation and Request Letter if consultant services are being requested for planning studies for more than Asset Management improvements. More-than Asset Management planning studies must meet the following criteria:

1. District has demonstrated that its asset management goals can be met over the next ten years, and
2. District has the financial ability to fund, or has written commitment from another entity to fund the construction of a significant portion, or more, of any improvement resulting from the study within ten years of the initiation of the study, and
3. The region has prioritized the study along with roadway and bridge improvements and is willing to fund the study with STIP right of way and construction funds or funding from others, or
4. The cost of the study is funded by another entity, with minimal MoDOT funding involvement for oversight and guidance.

The cost of more-than-TCOS planning studies will result in an adjustment to the district’s STIP right of way and construction funds, except for studies funded by other entities.

134.2.2.3 Solicitation and Selection Step 3 – Central Office Review of Solicitation Request

After all district / division reviews are complete and comments addressed the Solicitation and Request Letter is emailed to the PSC at CODEPSCreview email group. The PSC members will review the request and sign for approval with the PSC chair making the final approval signature. Central Office will then post the solicitation/Request For Qualifications (RFQ) to the MoDOT's Consultant Services Webpage. An electronic notification of the RFQ is sent to Design Consultant Distribution List alerting interested parties of the opportunity.

Consultant solicitations will be posted to MoDOT’s webpage twice a month, according to the RFQ Calendar found on the MoDOT Solicitations (RFQ) site.

134.2.2.4 Solicitation and Selection Step 4 – Consultant Response to the Solicitation/RFQ

Interested firms who wish to respond to the RFQ can submit a letter of interest. Cost information shall not be provided from the consultant at this time in the solicitation process. Cost can only be considered after a consultant is selected and the contract is being negotiated.

134.2.2.5 Solicitation and Selection Step 5 – Selection of Consultant

After the RFQ submittal deadline, MoDOT will evaluate the letters of interest or SOQ. The PM/CA verifies all firms are prequalified. MoDOT's Approved Consultant Prequalification List contains the prequalification information on the firms. According to state law RsMO 8.291, MoDOT must list a minimum of three highly qualified firms and then select the firm best qualified to perform the work, based on the rating criteria outlined in the RFQ. See Consultant Presentations and Interviews below for more information on presentations and interviews. When fewer than three responses are received, it is suggested the RFQ be re-advertised at least once. However, if the PM/CA suspects the readvertisement would not likely produce additional respondents, they should reach out to firms who received the solicitation but did not respond to attempt to gain information as to why the firm(s) did not respond; and if they would be likely to respond if the advertisement were extended or not. A written summary of the phone conversations should be kept in the project file and presented to the PSC for approval to move forward with less than 3 or to readvertise. If fewer than three responses are received again or if the decision is made by the PSC not to readvertise, then the PM/CA and District Design Liaison must consider whether there was some aspect of the RFQ that was overly restrictive or otherwise had an adverse impact on the completion of the project. If the decision is made to proceed without readvertisement, then the district should document the RFQ requirements were not restrictive, it was adequately publicized, and the one or two firms who responded are qualified to perform the tasks outlined for the project. The selection team will then rate all firms based on the criteria outlined in the RFQ. Past performance evaluations may be considered as part of the firm’s evaluation. Price quotations shall not be requested or used for consideration prior to selecting a firm. Price can only be determined AFTER the consultant is selected.

The Selection Team. The district and/or division forms a team to review the consultant responses and select a firm to provide the necessary services. In most cases, the team shall include at least three members, one of whom is from the Central Office (usually a Design, Construction or Structural Liaison Engineer). If a major component of the project is a specialty area supported only by Central Office staff, that division should be asked to participate as well. If the project is a project designated for federal involvement for any element related to Design or Construction Inspection, the Federal Highway Administration (FHWA) shall be offered the opportunity to participate as an observer. Should another entity (KDOT, IDOT, MPO, city, county, etc.) be funding part of the cost of the work that entity shall be offered the opportunity to participate as a member of the selection team.

Rating/Scoring the Consultants. Consultants MUST be rated based on the rating criteria that was published in the advertised solicitation. Adding or deleting any rating criteria after the solicitation expires is not allowed. If PM/CA wishes to have the option to shortlist respondents, the short-listing procedures and the weighted rating criteria used to short-list respondents must be included in the solicitation.

In order to short-list when presentations and interviews are not being conducted, a minimum of 10 respondents must be received, and the PM/CA shall have the ability to short-list down to a minimum of 3 qualified respondents. The rating criteria used to short-list shall include but is not limited to: The firms Pre-Qualification is current, Workforce Diversity, the firms listed experience as related to the advertised work, & the firms project team’s accessibility & availability. Shortlist scoring & a written summary of the shortlist selection shall be included in the MoProject file, or wherever project files are retained, along with the eventual final scoring & selection of the most qualified firm.

If it's determined and noted in the solicitation request that the PM/CA will conduct interviews or presentations with the consultants, see Consultant Presentations and Interviews below for more information on how to rate and score the consultants. If interviews and/or presentations will not take place, the selection team can begin rating the consultants. The Consultant Rating Form, Fig. 134.2.2.5.1, shall be used to rate and select the most qualified firm.

Each member of the selection team will individually develop a numeric score to rate each firm using the categories listed in Fig. 134.2.2.5.1. The team will, as a group, compare these scores and discuss how they were determined. The team must reach consensus on the consultant to select. The team will create a rating summary as outlined in Fig. 134.2.2.5.2 clearly indicating which firm has been recommended for selection and documenting the selection process. The documentation must include written text on how the scores were determined. This documentation will be kept in the MoProject file. Once the recommended selected firm is determined, send the Selection Approval letter (Fig. 134.2.2.5.3) for approval to the District Engineer/Division Engineer. With approval from the District Engineer/Division Engineer, the team can notify the selected firm. After contacting the firm, a copy of all documentation must be sent to Central Office via the email group CODEPSCReview including the signed Approval letter (Fig. 134.2.2.5.3) of the selected firm. The final, approved selected firm will be posted on MoDOT's Consultant Services webpage.

Consultant Presentations and Interviews

Most projects do not require interviews or presentations. The PM/CA will verify all respondents are current with their pre-qualification status and will verify the respondents workforce diversity statement as a pass/fail. The selection team may then select the most qualified firm by scoring the respondents and choosing the top ranked firm. Specific conditions that allow the selection to take place without interviews or presentations are as follows:

• The scope and cost of the contract is considered to be minor or routine in nature.
• The district or division is very familiar with the qualifications and capabilities of all the short-listed firms from previous services or presentations and believes presentations or interviews will not increase knowledge of the short-listed firms.
• The need for an accelerated selection process due to the critical nature of the contract.

If interviews and/or presentations are required, the PM/CA will verify all respondents are current with their pre-qualification status, and will verify the respondents workforce diversity statement as a pass/fail. The selection team will then rate all the consultants based on the rating criteria published in the solicitation using Fig. 134.2.2.5.1 and as outlined above under Rating/Scoring the Consultants. Then the selection team will select the top 3-5 highest scoring firms and place them on a short list for further evaluation during presentations and/or interviews. If the PM/CA wants to interview less than 3 firms, approval must be granted by the PSC. Once the recommended selected firms are determined, send District/Division Approval of Short List (Fig. 134.2.2.5.4) for approval to the District Engineer/Division Engineer. With approval from the District Engineer/Division Engineer, the team can notify the selected firms. After contacting the firms, a copy of all documentation must be sent to the Central Office via the email group CODEPSCReview including the District/Division Approval of Short List (Fig. 134.2.2.5.4) of the selected firms. The final, approved selected firms will be posted on MoDOT's Consultant Services webpage. See Consultant Presentations and Consultant Interviews, immediately below.

Consultant Presentations. Before the presentations, the selection team must determine the scoring criteria (Fig. 134.2.2.5.5) to be used. These criteria can include many variables, but each element must be assigned a point value and expectations for assigning the maximum points should be developed. The PSC Chair is invited to attend the presentations. See the sample letter, Fig. 134.2.2.5.6, inviting the consultant to present.

After each consultant presentation, the selection team moves to a private location to discuss the presentation. Each member of the selection team will individually develop a numeric score to rate each firm based on the pre-determined criteria and scoring process. Although use of the example is not required, the criteria and scoring process must be determined prior to the actual presentation. The selection team will, as a group, compare these scores and discuss how they were determined; the selection team must reach consensus on the selected consultant.

The selection team will create a rating summary rating summary (Fig. 134.2.2.5.2) for all the short-listed firms, clearly indicating which firm is recommended for final selection and documenting the selection process in the MoProject file. The rating summary is only one tool used in the selection. Although selection of the highest scoring firm is not required, if it is not selected the reasons must be documented. This documentation will be kept in the MoProject file. The final approved selected firm will be posted at MoDOT's Consultant Services webpage.

Consultant Interviews. For a feasibility study, environmental assessment, environmental impact statement, major bridge design, major investment study, or at the PSC direction, the selection team should conduct interviews with the short-listed firms. This requires considerable preparatory work; however, the selection team can limit the number of consultant staff and specify particular individuals as well as the opening topics. (See Fig. 134.2.2.5.7 sample letter to interview). Before the interviews, the selection team must determine the interview questions along with a description of the correct type of answer. Depending on the complexity of the questions, 15 to 18 questions will fill the time allotted. Additionally, the scoring criteria must be pre-determined. These criteria can include many variables, but each element must be assigned a point value and expectations for allocating the maximum points should be developed. The PSC Chair is invited to attend the interviews. A sample format for an interview (with time guidelines) follows:

During the interview, each selection team member individually scores the consultant as each question is answered. After each interview, the selection team discusses the consultant responses and averages the scores from the entire team. After the final interview, the team will, as a group, compare these scores and discuss how the firms rank; the selection team must reach consensus on the consultant to select. The selection team will create a rating summary clearly indicating which firm is recommended for selection and documenting the selection process. The rating summary is only one tool used in the selection. Although selection of the highest scoring firm is not required, if it is not selected the reasons must be documented. This documentation will be kept in the MoProject file. The team must receive approval from the District or Division Engineer before notifying the selected consultant or any other parties. The final, approved selected firm will be posted on MoDOT's Consultant Services webpage.

134.2.3 Consultant Solicitation and Selection Process – Noncompetitive

There may be occasions when the standard QBS solicitation process is not appropriate. Each occasion will be evaluated on a project by project basis. Projects for which competition is determined to be inadequate after solicitation, emergency work affecting public safety or highly specialized knowledge that would result in a single consultant responding to the RFQ are candidates for Noncompetitive Procurement (23 CFR 172.7(a)(3)). Examples of specialized work are; hazardous waste services, wetland mitigation, urgent bridge projects and historic preservation services. The PM/CA will work with their Design Liaison Engineer to determine if a PSC Noncompetitive Approval is appropriate and if so, will complete and submit the Solicitation and Request Letter (Fig. 134.2.2.2) to PSC via the email group CODEPSCReview for PSC review and approval.

The Noncompetitive Method may be appropriate for projects with any of the following conditions:

1. The critical nature of the work requires an accelerated selection process. The term “critical nature” refers to tasks required as a result of unanticipated events, legal actions or compliance with directives from regulatory agencies. However, the PSC Chair will consider these requests on a case by case basis.
2. The scope of services requires highly specialized knowledge and expertise that limits the number of qualified firms. Examples are underwater bridge inspection, designs to address environmental mitigation, and cultural resource investigations.
3. The work qualifies for the small purchase category. This category includes those contracts with a cost less than $25,000 and required services outside the work categories for an On-Call MOU contract.

134.2.4 Consultant Solicitation and Selection Process – Standard Solicitation Method for On-Call Cost Plus Fixed Fee Contracts

Every three years MoDOT requests interested firms to respond to a Master Agreement RFQ, which lists specific work categories in a specific district or Central Office Division. The selected consultant is approved to only provide professional services under a Memorandum of Understanding (MOU) for the district/division in their selected work category. Each respective district/division evaluates the letters of interest from responding consultants, completes the consultant selection process, following RsMO 8.291, and requests PSC approval of the selected consultants. Once the PSC approves the selections, the Design Division drafts and executes a Master Agreement with each approved consultant and also maintains a list of consultants approved to provide services under the Master Agreement per district and/or division. The current on-call consultant list is available at MoDOT's Consultant Prequalification Requirements. The following lists the specific work categories approved for the 2020-2023 Master Agreements:

District Work Categories

1. Construction Materials Testing & Inspection
2. Roadway Design
3. Surveying

Division Work Categories

1. Bridge Deck Surveys
2. Bridge Design
3. Disadvantaged Business Enterprise (DBE)
4. Environmental - Cultural Resources
5. Environmental - Endangered Species
6. Environmental - NEPA
7. Environmental - Noise Studies
8. General Services - Architectural/Interior Design
9. General Services - Civil/Structural
10. General Services - Mechanical/Electrical
11. Geotechnical Engineering Services
12. LiDAR & Photogrammetry
13. Pavement Friction Testing
14. Value Engineering

Statewide District Use Categories

1. Right of Way Acquisition & Relocation Services
2. SUE
3. Traffic Engineering
4. Traffic – Electrical Engineering
5. Traffic – ITS Management & Design
6. Traffic – Safety Data Analysis
7. Traffic – Structures
8. Utility Accommodation & Coordination

Deletions or additions to the on-call consultant list require the PSC Chair’s approval. Approval to use a consultant other than on the district’s or division’s approved list may be granted upon written request to the PSC. MoDOT's Consultant Prequalification Requirements webpage contains the lists of approved on-call consultants.

Information on the financial prequalification process for consultants can be found on MoDOT's Consultant Prequalification Requirements webpage. Consulting firms must be financially prequalified for selection to the On-Call Consultant list and must maintain their prequalification throughout the three-year term of the Master Agreement. To execute an MOU with a consultant, the selected consultant must be pre-qualified and have current E-Verify on file.

To ensure on-call contracts are used as intended, the PSC has established several guidelines:

1. All district MOUs must be approved by the Design Liaison Engineer prior to selection of an on-call consultant to ensure all other resources have been considered.
2. The Master Agreement may be executed for a maximum period of three years, although the master agreement may include provisions for a one-year extension at the end of the three-year period.
3. No single MOU will exceed a total cost of $200,000. Neither the district, nor Central Office, may, in any instance, execute multiple MOUs for a single job for services that exceeds a total of $200,000 in aggregate. MOUs within the $200,000 limit do not need prior PSC approval for execution and can be executed by the respective District Engineer or division engineer (up to $100,000) or a member of the Executive Committee (over $100,000). If an MOU is near the $200,000 limit, the Project Manager/Contract Administrator (PM/CA) shall contact their Design Liaison Engineer to determine if the project will follow the guidance of EPG 134.2 Solicitation and Selection Process.

Master Agreement Execution Process

Outlined below is the process of executing the Master Agreement for On-Call Contracts.

1. The RFQ is posted to the web and electronic notification is sent to interested parties listed on the Design Consultant distribution list.
2. The district/division rates and develops a list of selected consultants.
3. The PSC chair approves the selection of consultants for specific work categories in each district/division.
4. Only Approved Pre-Qualified Consultants are eligible for Master Agreement. The pre-qualification process also includes a review of the firm’s indirect cost rate.
5. Since the amount of future services to be performed under the agreement is unknown, the allowable fixed fee based upon direct labor cost is limited to 12 percent.
6. The Design Division develops a “Master Agreement” to be executed by the approved consultant(s). This agreement outlines the basic conditions of the contractual relationship and specifies the work category(ies). The Master Agreement is the foundation for a Memorandum of Understanding (MOU) that the district or division later executes with a consultant to address the need for a specific scope of services in a specific work category. When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself.
7. Design Division drafts the Master Agreement in eAgreements and executes the Master Agreements electronically through DocuSign.

The district or division then follows the procedures below for executing individual MOUs to obtain services as the need arises.

MoDOT MOU Execution Process

Fig. 134.2.4 Processing On-Call/MOU Consultant Contracts Checklist has been created to guide project managers through the process of hiring an on-call consultant through close- out of the MOU.

Outlined below is the process of executing an MOU for On-Call Contracts.

1. All MOUs will be federally funded, therefore, the Project Manager/Contract Administrator (PM/CA) must choose the federal MOU contract from the eAgreements SharePoint site, unless approved by the PSC to use a state funded MOU contract (state funded MOU contracts may be used if the funding source is the District/Division budget).

2. All District MOU’s must be reviewed and approved by the assigned Design Liaison Engineer prior to selection of an on-call consultant to ensure all other resources have been considered.

3. PM/CA to choose the MOU contract from the eAgreements SharePoint site.

The federal MOU contract must be used for all MOU’s unless approved by the PSC to use a state funded MOU contract (state funded MOU contracts may be used if the funding source is the District/Division budget). When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself.

4. Development of Scope of Services and DBE Requirements – Once the scope of work is defined, the MoDOT PM/CA must obtain a DBE Goal by sending the appropriate project information (including scope, county, estimated construction cost, and potential subcontracting opportunities) using the Estimated Breakdown of Work Spreadsheet to MoDOT Business Development and Compliance (BDC) for review at DBEConsultGoal@modot.mo.gov. Once the DBE goal has been established by BDC, it shall be included in the MOU. All consultant contracts that utilize federal funds must be reviewed by BDC, regardless of the dollar amount of the contract. If the prime consultant or any sub-consultants are DBE firms, the DBE section must be filled out. If the prime or subs are not DBE firms, the DBE section can be left blank.

5. The PM/CA will review the on-call consultant list and choose a consultant based on the scope of services that has been developed and DBE goal established. The on-call consultant list is found on the MoDOT Website – Consultant Services – Consultant Prequalification Requirements.

Note: Only firms that are prequalified with MoDOT financially can be chosen from the on-call consultant list. Firms must update their information yearly in order to stay current on their prequalification. MoDOT’s consultant prequalification list can be found on the MoDOT Website – Consultant Services – Consultant Prequalification Requirements.

6. Consultant agreements are to be sent to the assigned Design Liaison Engineer for “Review by Staff” in eAgreements.

7. DBE Concurrence must be obtained from Business Development and Compliance prior to sending a federally funded MOU to the consultant for execution. The PM/CA will send Business Development and Compliance (email group DBEConcurrence) as a “Reviewer”, along with the assigned Liaison Engineer, when processing the agreement for “Review by Staff” in eAgreements. BDC will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc.

8. After receiving the DBE Concurrence from Business Development and Compliance, the PM/CA will send the MOU to the consultant for execution. Agreements may be executed by wet signatures or electronic signatures in DocuSign. Electronic signatures are encouraged to expedite the execution process.

9. The respective District Engineer, division engineer or Executive Committee member will execute the MOU as described in MHTC Policy "Delegation of Authority for Approval and Execution of Documents".

10. If using electronic signatures, copies of the fully executed agreement will be distributed to the recipients entered into DocuSign (see below for the Central Office Divisions that must receive a copy of the fully executed agreement).

If using wet signatures, the PM/CA is responsible for uploading a copy of the fully executed MOU in eAgreements, sending the consultant a copy of the fully executed agreement, and sending a link to the fully executed agreement to the appropriate Central Office Divisions. (See Item 9, below, for the Central Office Divisions that must receive a copy of the fully executed agreement.)

11. The PM/CA must email an electronic link to the fully executed agreement to the following Central Office Divisions:

• Financial Services Division (email group Obligate with message “Obligate - please obligate funds for the fully executed agreement” and provide any specific funding details here, as applicable).
• Design Division (email group CODEPSCReview with message “CODEPSCReview - fully executed agreement for your records”).

Note: If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing NTP to the consultant:

• Financial Services indicating the obligation of funds is complete.
• Business Development and Compliance (BDC) indicating concurrence in DBE participation.

12. The PM/CA will send the NTP letter (Fig 134.4.2) to the consultant AFTER:

• Receiving DBE concurrence from Business Development and Compliance
• Execution of the contract
• Obligation of federal funds by Financial Services.