[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.122]

[Page 181]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.122  Participation in progress payments.

    (a) Federal funds will participate in the costs to the STD of 
construction accomplished as the work progresses, based on a request for 
reimbursement submitted by State transportation departments. When the 
contract provisions provide for payment for stockpiled materials, the 
amount of the reimbursement request upon which participation is based 
may include the appropriate value of approved specification materials 
delivered by the contractor at the project site or at another designated 
location in the vicinity of such construction, provided that:
    (1) The material conforms with the requirements of the plans and 
specifications.
    (2) The material is supported by a paid invoice or a receipt for 
delivery of materials. If supported by a receipt of delivery of 
materials, the contractor must furnish the paid invoice within a 
reasonable time after receiving payment from the STD; and
    (3) The quantity of a stockpiled material eligible for Federal 
participation in any case shall not exceed the total estimated quantity 
required to complete the project. The value of the stockpiled material 
shall not exceed the appropriate portion of the value of the contract 
item or items in which such materials are to be incorporated.
    (b) The materials may be stockpiled by the contractor at a location 
not in the vicinity of the project, if the STD determines that because 
of required fabrication at an off-site location, it is not feasible or 
practicable to stockpile the materials in the vicinity of the project.
    (c) In the case of a design-build project, the STD must define its 
procedures for making progress payments on lump sum contracts in the 
Request for Proposal document.

[56 FR 37004, Aug. 2, 1991, as amended at 67 FR 75925, Dec. 10, 2002]