[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: 23CFR635.205]

[Page 175-176]
 
                           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

[[Page 176]]

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]