[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: 23CFR635.204]

[Page 175]
 
                           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 transportation 
department or county for performance of highway work financed with the 
aid of Federal funds unless the State transportation department 
demonstrates, to the satisfaction of the Secretary, that some other 
method is more cost effective or that an emergency exists.
    (b) When a State transportation department 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 transportation department 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 transportation 
department in writing of his/her determination.

[52 FR 45172, Nov. 25, 1987]