[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.115]

[Page 224]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
      Subpart A_Utility Relocations, Adjustments, and Reimbursement
 
Sec.  645.115  Construction.

    (a) Part 635, subpart B, of this title, Force Account Construction 
(justification required for force account work), states that it is cost-
effective for certain utility adjustments to be performed by a utility 
with its own forces and equipment, provided the utility is qualified to 
perform the work in a satisfactory manner. This cost-effectiveness 
finding covers minor work on the utility's existing facilities routinely 
performed by the utility with its own forces. When the utility is not 
adequately staffed and equipped to perform such work with its own forces 
and equipment at a time convenient to and in coordination with the 
associated highway construction, such work may be done by:
    (1) A contract awarded by the TD or utility to the lowest qualified 
bidder based on appropriate solicitation,
    (2) Inclusion as part of the TD's highway construction contract let 
by the TD as agreed to by the utility,
    (3) An existing continuing contract, provided the costs are 
reasonable, or
    (4) A contract for low-cost incidental work, such as tree trimming 
and the like, awarded by the TD or utility without competitive bidding, 
provided the costs are reasonable.
    (b) When it has been determined under part 635, subpart B, that the 
force account method is not the most cost-effective means for 
accomplishing the utility adjustment, such work is to be done under 
competitive bid contracts as described in Sec.  645.115(a) (1) and (2) 
or under an existing continuing contract provided it can be demonstrated 
this is the most cost-effective method.
    (c) Costs for labor, materials, equipment, and other services 
furnished by the utility shall be billed by the utility directly to the 
TD. The special provisions of contracts let by the utility or the TD 
shall be explicit in this respect. The costs of force account work 
performed for the utility by the TD and of contract work performed for 
the utility under a contract let by the TD shall be reported separately 
from the costs of other force account and contract items on the highway 
project.