[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.120]

[Page 179-180]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.120  Changes and extra work.

    (a) Following authorization to proceed with a project, all major 
changes in the plans and contract provisions and all major extra work 
shall have

[[Page 180]]

formal approval by the Division Administrator in advance of their 
effective dates. However, when emergency or unusual conditions justify, 
the Division Administrator may give tentative advance approval orally to 
such changes or extra work and ratify such approval with formal approval 
as soon thereafter as practicable.
    (b) For non-major changes and non-major extra work, formal approval 
is necessary but such approval may be given retroactively at the 
discretion of the Division Administrator. The SHA should establish and 
document with the Division Administrator's concurrence specific 
parameters as to what constitutes a non-major change and non-major extra 
work.
    (c) Changes in contract time, as related to contract changes or 
extra work, should be submitted at the same time as the respective work 
change for approval by the Division Administrator.
    (d) In establishing the method of payment for contract changes or 
extra work orders, force account procedures shall only be used when 
strictly necessary, such as when agreement cannot be reached with the 
contractor on the price of a new work item, or when the extent of work 
is unknown or is of such character that a price cannot be determined to 
a reasonable degree of accuracy. The reason or reasons for using force 
account procedures shall be documented.
    (e) The SHA shall perform and adequately document a cost analysis of 
each negotiated contract change or negotiated extra work order. The 
method and degree of the cost analysis shall be subject to the approval 
of the Division Administrator.
    (f) Proposed changes and extra work involved in nonparticipating 
operations that may affect the design or participating construction 
features of a project, shall be subject to review and concurrence by the 
Division Administrator.