[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR172.3]

[Page 20]
 
                           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. 172.3  Definitions.

    As used in this part:
    Audit means a review to test the contractor's compliance with the 
requirements of the cost principles contained in 48 CFR part 31.
    Cognizant agency means any Federal or State agency that has 
conducted and issued an audit report of the consultant's indirect cost 
rate that has been developed in accordance with the requirements of the 
cost principles contained in 48 CFR part 31.
    Competitive negotiation means any form of negotiation that utilizes 
the following:
    (1) Qualifications-based procedures complying with title IX of the 
Federal Property and Administrative Services Act of 1949 (Public Law 92-
582, 86 Stat. 1278 (1972));
    (2) Equivalent State qualifications-based procedures; or
    (3) A formal procedure permitted by State statute that was enacted 
into State law prior to the enactment of Public Law 105-178 (TEA-21) on 
June 9, 1998.
    Consultant means the individual or firm providing engineering and 
design related services as a party to the contract.
    Contracting agencies means State Departments of Transportation 
(State DOTs) or local governmental agencies that are responsible for the 
procurement of engineering and design related services.
    Engineering and design related services means program management, 
construction management, feasibility studies, preliminary engineering, 
design, engineering, surveying, mapping, or architectural related 
services with respect to a construction project subject to 23 U.S.C. 
112(a).
    One-year applicable accounting period means the annual accounting 
period for which financial statements are regularly prepared for the 
consultant.