1、228 23 CFR Ch. I (4111 Edition) 636.513 636.513 Are limited negotiations al-lowed prior to contract execution? (a) Yes, after the source selection but prior to contract execution, you may conduct limited negotiations with the selected design-builder to clarify any remaining issues regarding scope, s
2、chedule, financing or any other infor-mation provided by that offeror. You must comply with the provisions of 636.507 in the exchange of this infor-mation. (b) Limited negotiations conducted under this section may include nego-tiations necessary to incorporate the ideas and concepts from unsuccessfu
3、l offerors into the contract if a stipend is offered by the contracting agency and accepted by the unsuccessful offeror and if the requirements of section 636.113 are met. 67 FR 75926, Dec. 10, 2002, as amended at 73 FR 77502, Dec. 19, 2008 636.514 How may I provide notifica-tions and debriefings? Y
4、ou may provide pre-award or post- award notifications in accordance with State approved procedures. If an offer-or requests a debriefing, you may pro-vide pre-award or post-award debriefings in accordance with State approved procedures. PART 637CONSTRUCTION INSPECTION AND APPROVAL Subpart A Reserved
5、 Subpart BQuality Assurance Procedures for Construction Sec. 637.201 Purpose. 637.203 Definitions. 637.205 Policy. 637.207 Quality assurance program. 637.209 Laboratory and sampling and test-ing personnel qualifications. APPENDIX A TO SUBPART B OF PART 637 GUIDE LETTER OF CERTIFICATION BY STATE ENGI
6、NEER AUTHORITY: Sec. 1307, Pub. L. 105178, 112 Stat. 107; 23 U.S.C. 109, 114, and 315; 49 CFR 1.48(b). SOURCE: 60 FR 33717, June 29, 1995, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 637 appear at 67 FR 75934, Dec. 10, 2002. Subpart A Reserved Subpart BQuality Assurance Proc
7、edures for Construction 637.201 Purpose. To prescribe policies, procedures, and guidelines to assure the quality of ma-terials and construction in all Federal- aid highway projects on the National Highway System. 637.203 Definitions. Acceptance program. All factors that comprise the State transporta
8、tion de-partments (STD) determination of the quality of the product as specified in the contract requirements. These fac-tors include verification sampling, testing, and inspection and may in-clude results of quality control sam-pling and testing. Independent assurance program. Ac-tivities that are
9、an unbiased and inde-pendent evaluation of all the sampling and testing procedures used in the ac-ceptance program. Test procedures used in the acceptance program which are performed in the STDs central lab-oratory would not be covered by an independent assurance program. Proficiency samples. Homoge
10、neous samples that are distributed and tested by two or more laboratories. The test results are compared to assure that the laboratories are obtaining the same re-sults. Qualified laboratories. Laboratories that are capable as defined by appro-priate programs established by each STD. As a minimum, t
11、he qualification program shall include provisions for checking test equipment and the lab-oratory shall keep records of calibra-tion checks. Qualified sampling and testing per-sonnel. Personnel who are capable as defined by appropriate programs estab-lished by each STD. Quality assurance. All those
12、planned and systematic actions necessary to provide confidence that a product or service will satisfy given requirements for quality. Quality control. All contractor/vendor operational techniques and activities that are performed or conducted to ful-fill the contract requirements. VerDate Mar2010 09
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14、rom a lot in which each increment in the lot has an equal probability of being chosen. Vendor. A supplier of project-pro-duced material that is not the con-tractor. Verification sampling and testing. Sam-pling and testing performed to validate the quality of the product. 637.205 Policy. (a) Quality
15、assurance program. Each STD shall develop a quality assurance program which will assure that the ma-terials and workmanship incorporated into each Federal-aid highway con-struction project on the NHS are in conformity with the requirements of the approved plans and specifications, including approved
16、 changes. The pro-gram must meet the criteria in 637.207 and be approved by the FHWA. (b) STD capabilities. The STD shall maintain an adequate, qualified staff to administer its quality assurance program. The State shall also maintain a central laboratory. The States cen-tral laboratory shall meet t
17、he require-ments in 637.209(a)(2). (c) Independent assurance program. Independent assurance samples and tests or other procedures shall be per-formed by qualified sampling and test-ing personnel employed by the STD or its designated agent. (d) Verification sampling and testing. The verification samp
18、ling and testing are to be performed by qualified test-ing personnel employed by the STD or its designated agent, excluding the contractor and vendor. (e) Random samples. All samples used for quality control and verification sampling and testing shall be random samples. 637.207 Quality assurance pro
19、gram. (a) Each STDs quality assurance program shall provide for an accept-ance program and an independent as-surance (IA) program consisting of the following: (1) Acceptance program. (i) Each STDs acceptance program shall consist of the following: (A) Frequency guide schedules for verification sampl
20、ing and testing which will give general guidance to personnel responsible for the program and allow adaptation to specific project conditions and needs. (B) Identification of the specific loca-tion in the construction or production operation at which verification sam-pling and testing is to be accom
21、plished. (C) Identification of the specific at-tributes to be inspected which reflect the quality of the finished product. (ii) Quality control sampling and testing results may be used as part of the acceptance decision provided that: (A) The sampling and testing has been performed by qualified labo
22、ra-tories and qualified sampling and test-ing personnel. (B) The quality of the material has been validated by the verification sam-pling and testing. The verification test-ing shall be performed on samples that are taken independently of the quality control samples. (C) The quality control sampling
23、 and testing is evaluated by an IA program. (iii) If the results from the quality control sampling and testing are used in the acceptance program, the STD shall establish a dispute resolution sys-tem. The dispute resolution system shall address the resolution of discrep-ancies occurring between the
24、verification sampling and testing and the quality control sampling and test-ing. The dispute resolution system may be administered entirely within the STD. (iv) In the case of a design-build project on the National Highway Sys-tem, warranties may be used where ap-propriate. See 23 CFR 635.413(e) for
25、 spe-cific requirements. (2) The IA program shall evaluate the qualified sampling and testing per-sonnel and the testing equipment. The program shall cover sampling proce-dures, testing procedures, and testing equipment. Each IA program shall in-clude a schedule of frequency for IA evaluation. The s
26、chedule may be estab-lished based on either a project basis or a system basis. The frequency can be based on either a unit of production or on a unit of time. (i) The testing equipment shall be evaluated by using one or more of the following: Calibration checks, split samples, or proficiency samples
27、. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-230 23 CFR Ch. I (4111 Edition) 637.209 (ii) Testing person
28、nel shall be evalu-ated by observations and split samples or proficiency samples. (iii) A prompt comparison and docu-mentation shall be made of test results obtained by the tester being evaluated and the IA tester. The STD shall de-velop guidelines including tolerance limits for the comparison of te
29、st re-sults. (iv) If the STD uses the system ap-proach to the IA program, the STD shall provide an annual report to the FHWA summarizing the results of the IA program. (3) The preparation of a materials certification, conforming in substance to appendix A of this subpart, shall be submitted to the F
30、HWA Division Ad-ministrator for each construction project which is subject to FHWA con-struction oversight activities. (b) In the case of a design-build project funded under title 23, U.S. Code, the STDs quality assurance pro-gram should consider the specific con-tractual needs of the design-build p
31、roject. All provisions of paragraph (a) of this section are applicable to design- build projects. In addition, the quality assurance program may include the fol-lowing: (1) Reliance on a combination of con-tractual provisions and acceptance methods; (2) Reliance on quality control sam-pling and test
32、ing as part of the accept-ance decision, provided that adequate verification of the design-builders quality control sampling and testing is performed to ensure that the design- builder is providing the quality of ma-terials and construction required by the contract documents. (3) Contractual provisi
33、ons which re-quire the operation of the completed facility for a specific time period. 60 FR 33717, June 29, 1995, as amended at 67 FR 75934, Dec. 10, 2002 637.209 Laboratory and sampling and testing personnel qualifications. (a) Laboratories. (1) After June 29, 2000, all contractor, vendor, and STD
34、 testing used in the ac-ceptance decision shall be performed by qualified laboratories. (2) After June 30, 1997, each STD shall have its central laboratory accredited by the AASHTO Accreditation Pro-gram or a comparable laboratory ac-creditation program approved by the FHWA. (3) After June 29, 2000,
35、 any non-STD designated laboratory which performs IA sampling and testing shall be ac-credited in the testing to be performed by the AASHTO Accreditation Pro-gram or a comparable laboratory ac-creditation program approved by the FHWA. (4) After June 29, 2000, any non-STD laboratory that is used in d
36、ispute reso-lution sampling and testing shall be ac-credited in the testing to be performed by the AASHTO Accreditation Pro-gram or a comparable laboratory ac-creditation program approved by the FHWA. (5) After September 24, 2009, labora-tories that perform crash testing for acceptance of roadside h
37、ardware by the FHWA shall be accredited by a labora-tory accreditation body that is recog-nized by the National Cooperation for Laboratory Accreditation (NACLA), is a signatory to the Asia Pacific Labora-tory Accreditation Cooperation (APLAC) Mutual Recognition Arrange-ment (MRA), is a signatory to
38、the International Laboratory Accredita-tion Cooperation (ILAC) Mutual Rec-ognition Arrangement (MRA), or an-other accreditation body acceptable to FHWA. (b) Sampling and testing personnel. After June 29, 2000, all sampling and testing data to be used in the accept-ance decision or the IA program sha
39、ll be executed by qualified sampling and testing personnel. (c) Conflict of interest. In order to avoid an appearance of a conflict of in-terest, any qualified non-STD labora-tory shall perform only one of the fol-lowing types of testing on the same project: Verification testing, quality control tes
40、ting, IA testing, or dispute resolution testing. 60 FR 33717, June 29, 1995, as amended at 72 FR 54212, Sept. 24, 2007 APPENDIX A TO SUBPART B OF PART 637GUIDE LETTER OF CERTIFI-CATION BY STATE ENGINEER Date lllllllllllllllllllllProject No. lllllllllllllllllThis is to certify that: VerDate Mar2010 0
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42、in the accept-ance program indicate that the materials in-corporated in the construction work, and the construction operations controlled by sam-pling and testing, were in conformity with the approved plans and specifications. (The following sentence should be added if the IA testing frequencies are
43、 based on project quantities. All independent assurance sam-ples and tests are within tolerance limits of the samples and tests that are used in the acceptance program.) Exceptions to the plans and specifications are explained on the back hereof (or on at-tached sheet). llllllllllllllllllllllllDirec
44、tor of STD Laboratory or other appro-priate STD Official. PART 645UTILITIES Subpart AUtility Relocations, Adjustments, and Reimbursement Sec. 645.101 Purpose. 645.103 Applicability. 645.105 Definitions. 645.107 Eligibility. 645.109 Preliminary engineering. 645.111 Right-of-way. 645.113 Agreements an
45、d authorizations. 645.115 Construction. 645.117 Cost development and reimburse-ment. 645.119 Alternate procedure. Subpart BAccommodation of Utilities 645.201 Purpose. 645.203 Applicability. 645.205 Policy. 645.207 Definitions. 645.209 General requirements. 645.211 State transportation department ac-
46、commodation policies. 645.213 Use and occupancy agreements (per-mits). 645.215 Approvals. AUTHORITY: 23 U.S.C. 101, 109, 111, 116, 123, and 315; 23 CFR 1.23 and 1.27; 49 CFR 1.48(b); and E.O. 11990, 42 26961 (May 24, 1977). EDITORIAL NOTE: Nomenclature changes to part 645 appear at 65 FR 70311, Nov.
47、 22, 2000. Subpart AUtility Relocations, Adjustments, and Reimbursement SOURCE: 50 FR 20345, May 15, 1985, unless otherwise noted. 645.101 Purpose. To prescribe the policies, procedures, and reimbursement provisions for the adjustment and relocation of utility fa-cilities on Federal-aid and direct F
48、ed-eral projects. 645.103 Applicability. (a) The provisions of this regulation apply to reimbursement claimed by a State transportation department (STD) for costs incurred under an approved and properly executed transportation department (TD)/utility agreement and for payment of costs incurred under
49、 all Federal Highway Administration (FHWA)/utility agreements. (b) Procedures on the accommodation of utilities are set forth in 23 CFR part 645, subpart B, Accommodation of Util-ities. (c) When the lines or facilities to be relocated or adjusted due to highway construction are privately owned, lo-cated on the owners land, devoted ex-clusively to private use and not di-rectly or indirectly serving the public, the provisions of the FHWAs righ
