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Determination of More Cost Effective Method or an Emergency (23 CFR 635.204)

Formerly Federal-aid Policy Guide Non-Regulatory Supplement 23 CFR 635 B,
See Order 1321.1C FHWA Directives Management

  1. No precise rules can be prescribed nor can specific examples be followed. If, however, a State highway agency or county in order to perform force account work must acquire or rent substantially more equipment than required for its normal operations or if force account work by a particular organization shows a substantial increase over a preceding year, it would be difficult under such circumstances to justify an affirmative finding compatible with the authorization.
  2. An emergency, as defined in 635.203(f), covers those situations in which the magnitude of the failure of the highway facility is not to the extent addressed by 23 CFR 668, Emergency Relief Program, but is of such a serious nature and warrants such an urgent action by the State highway agency to preclude the competitive bidding process.


Jennifer Balis
Office of Program Administration
E-mail Jennifer

Updated: 04/04/2011

United States Department of Transportation - Federal Highway Administration