[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: 23CFR635.204]

[Page 185]
 
                           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. 635.204  Determination of more cost effective method or an emergency.

    (a) Congress has expressly provided that the contract method based 
on competitive bidding shall be used by a State highway agency or county 
for performance of highway work financed with the aid of Federal funds 
unless the State highway agency demonstrates, to the satisfaction of the 
Secretary, that some other method is more cost effective or that an 
emergency exists.
    (b) When a State highway agency determines it necessary due to an 
emergency to undertake a federally financed highway construction project 
by force account or negotiated contract method, it shall submit a 
request to the Division Administrator identifying and describing the 
project, the kinds of work to be performed, the method to be used, the 
estimated costs, the estimated Federal Funds to be provided, and the 
reason or reasons that an emergency exists.
    (c) Except as provided in paragraph (b) of this section, when a 
State highway agency desires that highway construction work financed 
with the aid of Federal funds, other than the kinds of work designated 
under Sec. 635.205(b), be undertaken by force account, it shall submit a 
request to the Division Administrator identifying and describing the 
project and the kind of work to be performed, the estimated costs, the 
estimated Federal funds to be provided, and the reason or reasons that 
force account for such project is considered cost effective.
    (d) The Division Administrator shall notify the State highway agency 
in writing of his/her determination.

[52 FR 45172, Nov. 25, 1987]