[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.104]

[Page 161]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                      Subpart A_Contract Procedures
 
Sec. 635.104  Method of construction.

    (a) Actual construction work shall be performed by contract awarded 
by competitive bidding; unless, as provided in Sec. 635.104(b), the STD 
demonstrates to the satisfaction of the Division Administrator that some 
other method is more cost effective or that an emergency exists. The STD 
shall assure opportunity for free, open, and competitive bidding, 
including adequate publicity of the advertisements or calls for bids. 
The advertising or calling for bids and the award of contracts shall 
comply with the procedures and requirements set forth in Sec. Sec. 
635.112 and 635.114.
    (b) Approval by the Division Administrator for construction by a 
method other than competitive bidding shall be requested by the State in 
accordance with subpart B of part 635 of this chapter. Before such 
finding is made, the STD shall determine that the organization to 
undertake the work is so staffed and equipped as to perform such work 
satisfactorily and cost effectively.
    (c) In the case of a design-build project, the requirements of 23 
CFR part 636 and the appropriate provisions pertaining to design-build 
contracting in this part will apply. However, no justification of cost 
effectiveness is necessary in selecting projects for the design-build 
delivery method.

[56 FR 37004, Aug. 2, 1991, as amended at 67 FR 75925, Dec. 10, 2002]