[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.205]

[Page 186]
 
                           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. 635.205  Finding of cost effectiveness.

    (a) It may be found cost effective for a State transportation 
department or county to undertake a federally financed highway 
construction project by force account when a situation exists in which 
the rights or resposibilities of the community at large are so affected 
as to require some special course of action, including situations where 
there is a lack of bids or the bids received are unreasonable.
    (b) Pursuant to authority in 23 U.S.C. 112(b), it is hereby 
determined that by reason of the inherent nature of the operations 
involved, it is cost effective to perform by force account the 
adjustment of railroad or utility facilities and similar types of 
facilities owned or operated by a public agency, a railroad, or a 
utility company provided that the organization is qualified to perform 
the work in a satisfactory manner. The installation of new facilities 
shall be undertaken by competitive bidding except as provided in 
Sec. 635.204(c). Adjustment of railroad facilities shall include minor 
work on the railroad's operating facilities routinely performed by the 
railroad with its own forces such as the installation of grade crossing 
warning devices, crossing surfaces, and minor track and signal work. 
Adjustment of utility facilities shall include minor work on the 
utility's existing facilities routinely performed by the utility with 
its own forces and includes minor installations of new facilities to 
provide power, minor lighting, telephone, water and similar utility 
service to a rest area, weigh-station, movable bridge, or other highway 
appurtenance, provided such installation cannot feasibly be done as 
incidental to a major installation project such as an extensive highway 
lighting system.

[52 FR 45173, Nov. 25, 1987]