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CFR › Title 23 › Chapter I › Subchapter B › Part 172 › Section 172.9

23 CFR 172.9 - Approvals.

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§ 172.9
Approvals.
(a) Written procedures. The contracting agency shall prepare written procedures for each method of procurement it proposes to utilize. These written procedures and all revisions shall be approved by the FHWA for recipients of federal funds. Recipients shall approve the written procedures and all revisions for their subrecipients. These procedures shall, as appropriate to the particular method of procurement, cover the following steps:
(1) In preparing a scope of work, evaluation factors and cost estimate for selecting a consultant;
(2) In soliciting proposals from prospective consultants;
(3) In the evaluation of proposals and the ranking/selection of a consultant;
(4) In negotiation of the reimbursement to be paid to the selected consultant;
(5) In monitoring the consultant's work and in preparing a consultant's performance evaluation when completed; and
(6) In determining the extent to which the consultant, who is responsible for the professional quality, technical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors or deficiencies in design furnished under its contract.
(b) Contracts. Contracts and contract settlements involving design services for projects that have not been delegated to the State under 23 U.S.C. 106(c), that do not fall under the small purchase procedures in § 172.5(a)(2), shall be subject to the prior approval by FHWA, unless an alternate approval procedure has been approved by FHWA.
(c) Major projects. Any contract, revision of a contract or settlement of a contract for design services for a project that is expected to fall under 23 U.S.C. 106(h) shall be submitted to the FHWA for approval.
(d) Consultant services in management roles. When Federal-aid highway funds participate in the contract, the contracting agency shall receive approval from the FHWA before hiring a consultant to act in a management role for the contracting agency.

Title 23 published on 2012-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 23 - HIGHWAYS

§ 112 - Letting of contracts

§ 114 - Construction

§ 302 - State transportation department

§ 315 - Rules, regulations, and recommendations

§ 402 - Highway safety programs

USC : Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

§ 541 - Supervision and direction

§ 542 - Care and handling

§ 543 - Method of disposition

§ 544 - Validity of transfer instruments

§ 545 - Procedure for disposal

§ 546 - Contractor inventories

§ 547 - Agricultural commodities, foods, and cotton or woolen goods

§ 548 - Surplus vessels

§ 549 - Donation of personal property through state agencies

§ 550 - Disposal of real property for certain purposes

§ 551 - Donations to American Red Cross

§ 552 - Abandoned or unclaimed property on Government premises

§ 553 - Property for correctional facility, law enforcement, and emergency management response purposes

§ 554 - Property for development or operation of a port facility

§ 555 - Donation of law enforcement canines to handlers

§ 556 - Disposal of dredge vessels

§ 557 - Donation of books to Free Public Library

§ 558 - Donation of forfeited vessels

§ 559 - Advice of Attorney General with respect to antitrust law

Statutes at Large

105 Stat. 1914

105 Stat. 2003

109 Stat. 568

112 Stat. 107

Title 23 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 23 CFR 172 after this date.

  • 2012-09-04; vol. 77 # 171 - Tuesday, September 4, 2012
    1. 77 FR 53802 - Procurement, Management, and Administration of Engineering and Design Related Services
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration
      Notice of proposed rulemaking (NPRM); request for comments.
      Comments must be received on or before November 5, 2012. Late comments will be considered to the extent practicable.
      23 CFR Part 172