[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR172.3]

[Page 21]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 172--ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICE CONTRACTS--Table of Contents
 
                    Subpart A--Procurement Procedures
 
Sec. 172.3  Definitions.

    As used in this part:
    Competitive negotiation. Any form of negotiations that utilizes, (1) 
qualifications-based procedures complying with title IX of the Federal 
Property and Administrative Services Act of 1949 (Pub. L. 92-582, 86 
Stat. 1278 (1972)), (2) equivalent State qualifications-based procedures 
or (3) a formal procedure permitted by State statute.
    Consultant. The individual or firm providing engineering and design 
related services as a party to the contract.
    Contract modification. An agreement modifying the existing contract, 
such as an agreement to accomplish work beyond the scope of the original 
contract.
    Contracting agency. The State highway agency or local governmental 
agencies which have responsibility for the procurement.
    Engineering and design services. Program management, construction 
management, feasibility studies, preliminary engineering, design, 
engineering, surveying, mapping, or architectural related services.
    Extra work. Any services or actions required of the consultant above 
and beyond the obligations of the original or modified contract.
    Fixed fee. A dollar amount established to cover the consultant's 
profit and business expenses not allocable to overhead.
    Prenegotiation audit. An examination of a consultant's records made 
in accordance with generally accepted auditing standards.
    Private sector engineering and design firms. Any individual or 
private firm (including small business concerns and small businesses 
owned and controlled by socially and economically disadvantaged 
individuals as defined in 49 CFR part 23) contracting with a State to 
provide engineering and design services.
    Scope of work. All services and actions required of the consultant 
by the obligations of the contract.

[56 FR 19802, Apr. 30, 1991, as amended at 59 FR 64848, Dec. 16, 1994]