[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR172.11]

[Page 24]
 
                           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. 172.11  Contract modifications.

    (a) Contract modifications are required for any modification in the 
terms of the original contract that change the cost of the contract; 
significantly change the character, scope, complexity, or duration of 
the work; or significantly change the conditions under which the work is 
required to be performed.
    (b) A contract modification shall clearly outline the changes made 
and determine a method of compensation. FHWA approval of contract 
modifications shall be obtained prior to beginning the work except as 
discussed in paragraph (d) of this section.
    (c) Overruns in the costs of the work shall not warrant an increase 
in the fixed fee portion of a cost plus fixed fee contract. Significant 
changes to the Scope of Work may require adjustment of the fixed fee 
portion in a cost plus fixed fee contract or in a lump sum contract.
    (d) In unusual circumstances, the consultant may be authorized to 
proceed with work prior to agreement on the amount of compensation and 
execution of the contract modification, provided the FHWA has previously 
approved the work and has concurred that additional compensation is 
warranted.