DOT 23 CFR PART 172-2011 ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICE CONTRACTS.pdf
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1、19 Federal Highway Administration, DOT 172.1 140.914 Credits for improvements. (a) Credit shall be made to the project for additions or improvements which provide for higher quality or in-creased service capability of the oper-ating facility and which are provided solely for the benefit of the compa
2、ny. (b) Where buildings and other depre-ciable structures of a company which are integral to operation of rail traffic must be replaced, credit shall be made to the project as set forth in 23 CFR 646.216(c)(2). (c) No credit is required for additions or improvements which are: (1) Necessitated by th
3、e requirements of the highway project. (2) Replacements which, although not identical, are of equivalent standard. (3) Replacements of devices or mate-rials no longer regularly manufactured and the next highest grade or size is used. (4) Required by governmental and ap-propriate regulatory commissio
4、n re-quirements. 140.916 Protection. The cost of essential protective serv-ices which, in the opinion of a railroad company, are required to ensure safety to railroad operations during certain periods of the construction of a project, is reimbursable provided an item for such services is incorporate
5、d in the State-railroad agreement or in a work order issued by the State and approved by FHWA. 140.918 Maintenance and extended construction. The cost of maintenance and ex-tended construction is reimbursable to the extent provided for in 23 CFR 646.216(f)(4), and where included in the State-Railroa
6、d Agreement or otherwise approved by the State and FHWA. 140.920 Lump sum payments. Where approved by FHWA, pursuant to 23 CFR 646.216(d)(3), reimbursement may be made as a lump sum payment, in lieu of actual costs. 140.922 Billings. (a) After the executed State-Railroad Agreement has been approved
7、by FHWA, the company may be reim-bursed on progress billings of incurred costs. Costs for materials stockpiled at the project site or specifically pur-chased and delivered to the company for use on the project may be reim-bursed on progress billings following approval of the executed State-Rail-road
8、 Agreement or the written agree-ment under 23 CFR 646.218(c). (b) The company shall provide one final and complete billing of all in-curred costs, or of the agreed-to lump sum, within one year following comple-tion of the reimbursable railroad work. Otherwise, previous payments to the company may be
9、 considered final, ex-cept as agreed to between the SHA and the railroad. (c) All company cost records and ac-counts relating to the project are sub-ject to audit by representatives of the State and/or the Federal Government for a period of three years from the date final payment has been received b
10、y the company. (d) A railroad company must advise the State promptly of any outstanding obligation of the States contractor for services furnished by the company such as protective services. 40 FR 16057, Apr. 9, 1975, as amended at 40 FR 29712, July 15, 1975; 62 FR 45328, Aug. 27, 1997 PART 172ADMIN
11、ISTRATION OF ENGINEERING AND DESIGN RE-LATED SERVICE CONTRACTS Sec. 172.1 Purpose and applicability. 172.3 Definitions. 172.5 Methods of procurement. 172.7 Audits. 172.9 Approvals. AUTHORITY: 23 U.S.C. 112, 114(a), 302, 315, and 402; 40 U.S.C. 541 et seq.; sec.1205(a), Pub. L. 105178, 112 Stat. 107
12、(1998); sec. 307, Pub. L. 10459, 109 Stat. 568 (1995); sec. 1060, Pub. L. 102240, 105 Stat. 1914, 2003 (1991); 48 CFR 12 and 31; 49 CFR 1.48(b) and 18. SOURCE: 67 FR 40155, June 12, 2002, unless otherwise noted. 172.1 Purpose and applicability. This part prescribes policies and pro-cedures for the a
13、dministration of engi-neering and design related service con-tracts under 23 U.S.C. 112 as supple-mented by the common grant rule, 49 VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Re
14、saleNo reproduction or networking permitted without license from IHS-,-,-20 23 CFR Ch. I (4111 Edition) 172.3 CFR part 18. It is not the intent of this part to release the grantee from the re-quirements of the common grant rule. The policies and procedures involve federally funded contracts for engi
15、-neering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly ac-complished in a timely manner, and at fair and reasonable cost.
16、 Recipients of Federal funds shall ensure that their subrecipients comply with this part. 172.3 Definitions. As used in this part: Audit means a review to test the con-tractors compliance with the require-ments of the cost principles contained in 48 CFR part 31. Cognizant agency means any Federal or
17、 State agency that has conducted and issued an audit report of the con-sultants indirect cost rate that has been developed in accordance with the requirements of the cost principles contained in 48 CFR part 31. Competitive negotiation means any form of negotiation that utilizes the following: (1) Qu
18、alifications-based procedures complying with title IX of the Federal Property and Administrative Services Act of 1949 (Public Law 92582, 86 Stat. 1278 (1972); (2) Equivalent State qualifications- based procedures; or (3) A formal procedure permitted by State statute that was enacted into State law p
19、rior to the enactment of Public Law 105178 (TEA21) on June 9, 1998. Consultant means the individual or firm providing engineering and design related services as a party to the con-tract. Contracting agencies means State De-partments of Transportation (State DOTs) or local governmental agencies that
20、are responsible for the procure-ment of engineering and design related services. Engineering and design related services means program management, construc-tion management, feasibility studies, preliminary engineering, design, engi-neering, surveying, mapping, or archi-tectural related services with
21、 respect to a construction project subject to 23 U.S.C. 112(a). One-year applicable accounting period means the annual accounting period for which financial statements are reg-ularly prepared for the consultant. 172.5 Methods of procurement. (a) Procurement. The procurement of Federal-aid highway co
22、ntracts for engi-neering and design related services shall be evaluated and ranked by the contracting agency using one of the following procedures: (1) Competitive negotiation. Con-tracting agencies shall use competitive negotiation for the procurement of en-gineering and design related services whe
23、n Federal-aid highway funds are in-volved in the contract. These contracts shall use qualifications-based selection procedures in the same manner as a contract for architectural and engi-neering services is negotiated under title IX of the Federal Property and Administrative Services Act of 1949 (40
24、 U.S.C. 541544) or equivalent State qualifications-based requirements. The proposal solicitation (project, task, or service) process shall be by public an-nouncement, advertisement, or any other method that assures qualified in- State and out-of-State consultants are given a fair opportunity to be c
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