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 2
13、23076 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-,-,-23 Federal Highway Administration, DOT 192.3 under such agreement consistent with 23 CFR 750.101. 190
14、.5 Bonus project claims. (a) The State may claim payment by submitting a form PR20 voucher, sup-ported by strip maps which identify ad-vertising control limits and areas ex-cluded from the claim and form FHWA 1175, for the one-half percent bonus claim. (b) The bonus payment computation is based on p
15、rojects or portions thereof for which (1) the section of highway on which the project is located has been opened to traffic, and (2) final payment has been made. A bonus project may cover an individual project, a part thereof, or a combination of projects, on a section of an Interstate route. (c) Th
16、e eligible system mileage to be shown for a bonus project is that on which advertising controls are in ef-fect. The eligible system mileage re-ported in subsequent projects on the same Interstate route section should cover only the additional system mile-age not previously reported. Eligible project
17、 cost is the total participating cost (State and Federal share of ap-proved preliminary engineering (PE), right-of-way (R-O-W), and construc-tion) exclusive of any ineligible costs. The amount of the bonus payment is to be based on the eligible total costs of the supporting projects included in each
18、 claim. (d) Progress vouchers for route sec-tions on which additional one-half per-cent bonus payments are to be claimed are to be so identified, and the final claim for each route section is to be identified as the final voucher. 190.7 Processing of claims. Audited and approved PR20 vouchers with f
19、orm FHWA1175 shall be for-warded to the regional office for sub-mission to the Finance Division, Wash-ington Headquarters, for payment. The associated strip maps shall be retained with the division office copies of the PR20 vouchers. PART 192DRUG OFFENDERS DRIVERS LICENSE SUSPENSION Sec. 192.1 Scope
20、. 192.2 Purpose. 192.3 Definitions. 192.4 Adoption of drug offenders drivers li-cense suspension. 192.5 Certification requirements. 192.6 Period of availability of withheld funds. 192.7 Apportionment of withheld funds after compliance. 192.8 Period of availability of subsequently apportioned funds.
21、192.9 Effect of noncompliance. 192.10 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 159 and 315. SOURCE: 57 FR 35999, Aug. 12, 1992, unless otherwise noted. Redesignated at 60 FR 50100, Sept. 28, 1995. 192.1 Scope. This part prescribes the requirements necessary to implement 23
22、 U.S.C. 159, which encourages States to enact and enforce drug offenders drivers license suspensions. 192.2 Purpose. The purpose of this part is to specify the steps that States must take in order to avoid the withholding of Fed-eral-aid highway funds for noncompli-ance with 23 U.S.C. 159. 192.3 Def
23、initions. As used in this part: (a) Convicted includes adjudicated under juvenile proceedings. (b) Drivers license means a license issued by a State to any individual that authorizes the individual to oper-ate a motor vehicle on highways. (c) Drug offense means: (1) The possession, distribution, man
24、-ufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the pos-session of which is prohibited under the Controlled Substances Act, or (2) The operation of a motor vehicle under the influence of such a sub-s
25、tance. (d) Substance the possession of which is prohibited under the Controlled Sub-stances Act or substance means a con-trolled or counterfeit chemical, as those terms are defined in subsections 102 (6) and (7) of the Comprehensive Drug Abuse Prevention and Control VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
