[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: 23CFR172.13]

[Page 24-25]
 
                           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. 172.13  Monitoring the contract work.

    (a) A public employee qualified to ensure that the work being 
pursued is complete, accurate and consistent with the terms, conditions, 
and specifications of the contract shall be in responsible charge of 
each contract or project. The employee's responsibilities include:

[[Page 25]]

    (1) Scheduling and attending progress meetings with the consultant 
and being involved in decisions leading to change orders or supplemental 
agreements,
    (2) Being familiar with the qualifications and responsibilities of 
the consultant's staff,
    (3) Visiting the project and/or consultant's offices on a frequency 
that is commensurate with the magnitude, complexity and type of work. 
This includes being aware of the day-to-day operations for Construction 
Engineering Service contracts, and
    (4) Assuring that costs billed are consistent with the acceptability 
and progress of the consultant's work.
    (b) A final performance evaluation report, except for contracts 
awarded under small purchase procedures shall be prepared by the public 
employee in responsible charge of the contract and shall be submitted to 
the State highway agency's contracting office. The report should 
include, but not be limited to, an evaluation of such items as timely 
completion of work, conformance with contract cost and the quality of 
work. A copy of the report shall be sent to the firm for its review and/
or comments and any written comments submitted to the contracting agency 
by the firm shall be attached to the final report.
    (c) Contracting agencies should include a clause in engineering 
contracts requiring the consultant to perform such additional work as 
may be necessary to correct errors in the work required under the 
contract without undue delays and without additional cost to the owner. 
However, in general, a consultant should not be held responsible for 
additional costs in subsequent related construction resulting from 
errors or omissions which are not a result of gross negligence or 
carelessness.