1、22 23 CFR Ch. I (4111 Edition) 172.9 to 23 U.S.C. 112 and this part without the written permission of the affected consultants. If prohibited by law, such cost and rate data shall not be dis-closed under any circumstance, how-ever should a release be required by law or court order, such release shal
2、l make note of the confidential nature of the data. 172.9 Approvals. (a) Written procedures. The con-tracting agency shall prepare written procedures for each method of procure-ment it proposes to utilize. These writ-ten procedures and all revisions shall be approved by the FHWA for recipi-ents of f
3、ederal 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, eval-uation factors and cost estimate for se-lecting a
4、 consultant; (2) In soliciting proposals from pro-spective consultants; (3) In the evaluation of proposals and the ranking/selection of a consultant; (4) In negotiation of the reimburse-ment to be paid to the selected consult-ant; (5) In monitoring the consultants work and in preparing a consultants
5、 performance evaluation when com-pleted; and (6) In determining the extent to which the consultant, who is respon-sible for the professional quality, tech-nical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors or defi-ciencies in design furnished under
6、 its contract. (b) Contracts. Contracts and contract settlements involving design services for projects that have not been dele-gated 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 al
7、ternate approval procedure has been approved by FHWA. (c) Major projects. Any contract, revi-sion 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 manage
8、ment roles. When Federal-aid highway funds participate in the contract, the con-tracting agency shall receive approval from the FHWA before hiring a con-sultant to act in a management role for the contracting agency. PART 180CREDIT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS AUTHORITY: Secs. 1501
9、 et seq., Pub. L. 105 178, 112 Stat. 107, 241, as amended; 23 U.S.C. 181189 and 315; 49 CFR 1.48. SOURCE: 64 FR 29750, June 2, 1999, unless otherwise noted. 180.1 Cross-reference to credit assist-ance. The regulations in 49 CFR part 80 shall be followed in complying with the requirements of this par
10、t. Title 49 CFR part 80 implements the Transportation Infrastructure Finance and Innovation Act of 1998, secs. 1501 et seq., Pub. L. 105178, 112 Stat. 107, 241. PART 190INCENTIVE PAYMENTS FOR CONTROLLING OUTDOOR ADVERTISING ON THE INTERSTATE SYSTEM Sec. 190.1 Purpose. 190.3 Agreement to control adve
11、rtising. 190.5 Bonus project claims. 190.7 Processing of claims. AUTHORITY: 23 U.S.C. 131(j) and 315; 49 CFR 1.48(b). SOURCE: 43 FR 42742, Sept. 21, 1978, unless otherwise noted. 190.1 Purpose. The purpose of this regulation is to prescribe project procedures for mak-ing the incentive payments autho
12、rized by 23 U.S.C. 131(j). 190.3 Agreement to control adver-tising. To qualify for the bonus payment, a State must have entered into an agree-ment with the Secretary to control outdoor advertising. It must fulfill, and must continue to fulfill its obligations VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
