A member is anticipating it will be required to perform an Environmental Impact Study for future work at a port. The Corps of Engineers (USACE) wants to oversee the work and has provided a sample Memorandum of Agreement for that purpose. The terms seem quite onerous. For example, the Contractor that performs the work will be under contract with the member, and all costs are to be borne by the member, but everything else is controlled by USACE. They select the contractor (from a list of finalists prepared by the member); USACE must approve the scope of work, the schedule and it will "direct the Contractor as necessary to make certain the work is acceptable..." And there are several other provisions making it clear that the Corps is given exclusive control over the work. The member has concerns these provisions violate their local procurement code. Has anyone dealt with this topic? Any insights to offer on the process? If you can talk to the member about this or provide any information, please let me know by emailing me at akarras@imla.org<mailto:akarras@imla.org>. Thanks, Amanda Amanda Kellar Karras Executive Director / General Counsel Direct Phone: (202) 742-1018 IMLA Main: (202) 466-5424 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!