No. 40861 (5-year Review): Rule R907-66. Incorporation and Use of Federal Acquisition Regulations on Federal-Aid and State-Financed Transportation Projects

DAR File No.: 40861
Filed: 10/07/2016 02:30:43 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is enacted under the authority of Section 72-1-201 and incorporates federal requirements referred to in Subsection 63G-6a-107(2) and ensures that the department complies with this section and the federal regulations for federal- and state-financed transportation projects.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received during and since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should remain in effect because 23 U.S.C. 112 requires states to use the Federal Acquisition Regulations contained in 48 CFR Part 1 to calculate appropriate contract costs in all federal-aid transportation projects. Therefore, the department needs to continue to comply with the federal regulations incorporated in the rule to remain eligible for federal funding and to efficiently administer funds consistent with state law and federal regulations. It is generally most efficient to also use the Federal Acquisition Regulations for state-financed transportation projects as well, so the rule incorporates the same federal regulations for most state-financed transportation projects. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Transportation
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]

Effective:

10/07/2016

Authorized by:

Carlos Braceras, Executive Director

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