[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR172.9]

[Page 22]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 172_ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICE 
CONTRACTS--Table of Contents
 
Sec. 172.9  Approvals.

    (a) Written procedures. The contracting agency shall prepare written 
procedures for each method of procurement it proposes to utilize. These 
written procedures and all revisions shall be approved by the FHWA for 
recipients of federal funds. Recipients shall approve the written 
procedures and all revisions for their subrecipients. These procedures 
shall, as appropriate to the particular method of procurement, cover the 
following steps:
    (1) In preparing a scope of work, evaluation factors and cost 
estimate for selecting a consultant;
    (2) In soliciting proposals from prospective consultants;
    (3) In the evaluation of proposals and the ranking/selection of a 
consultant;
    (4) In negotiation of the reimbursement to be paid to the selected 
consultant;
    (5) In monitoring the consultant's work and in preparing a 
consultant's performance evaluation when completed; and
    (6) In determining the extent to which the consultant, who is 
responsible for the professional quality, technical accuracy, and 
coordination of services, may be reasonably liable for costs resulting 
from errors or deficiencies in design furnished under its contract.
    (b) Contracts. Contracts and contract settlements involving design 
services for projects that have not been delegated to the State under 23 
U.S.C. 106(c), that do not fall under the small purchase procedures in 
Sec. 172.5(a)(2), shall be subject to the prior approval by FHWA, 
unless an alternate approval procedure has been approved by FHWA.
    (c) Major projects. Any contract, revision of a contract or 
settlement of a contract for design services for a project that is 
expected to fall under 23 U.S.C. 106(h) shall be submitted to the FHWA 
for approval.
    (d) Consultant services in management roles. When Federal-aid 
highway funds participate in the contract, the contracting agency shall 
receive approval from the FHWA before hiring a consultant to act in a 
management role for the contracting agency.