[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.203]

[Page 184]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                  Subpart B--Force Account Construction
 
Sec. 635.203  Definitions.

    The following definitions shall apply for the purpose of this 
subpart:
    (a) A State highway agency is that department, commission, board, or 
official of any State charged by its laws with the responsibility for 
highway construction. The term State should be considered equivalent to 
State highway agency if the context so implies.
    (b) Except as provided for as emergency repair work in 
Sec. 668.105(i) and in Sec. 635.204(b), the term some other method of 
construction as used in 23 U.S.C. 112(b) shall mean the force account 
method of construction as defined herein. In the unlikely event that 
circumstances are considered to justify a negotiated contract or another 
unusual method of construction, the policies and procedures prescribed 
herein for force account work will apply.
    (c) The term force account shall mean the direct performance of 
highway construction work by a State highway agency, a county, a 
railroad, or a public utility company by use of labor, equipment, 
materials, and supplies furnished by them and used under their direct 
control.
    (d) The term county shall mean any county, township, municipality or 
other political subdivision that may be empowered to cooperate with the 
State highway agency in highway matters.
    (e) The term cost effective shall mean the efficient use of labor, 
equipment, materials and supplies to assure the lowest overall cost.
    (f) For the purpose of this part, an emergency shall be deemed to 
exist when emergency repair work as provided for in Sec. 668.105(i) is 
necessary or when a major element or segment of the highway system has 
failed and the situation is such that competitive bidding is not 
possible or is impractical because immediate action is necessary to:
    (1) Minimize the extent of the damage,
    (2) Protect remaining facilities, or
    (3) Restore essential travel.

This definition of emergency has no applicability to the Emergency 
Relief Program of 23 CFR part 668.

[39 FR 35158, Sept. 30, 1974, as amended at 48 FR 22912, May 23, 1983; 
52 FR 45172, Nov. 25, 1987]