Construction Program Guide
Bid Analysis and Award of Contract
The FHWA's policies for bid analysis and award of construction contracts require the construction bids to be reviewed to determine:
- the degree of competition
- reasonableness of the low bid in comparison with the engineer's estimate
- the presence of mathematical or material unbalancing
- the presence of evidence regarding bid rigging
- Title 23 U.S.C. 112 provides the FHWA's statutory requirements for competitive bidding for construction contracts.
- Title 23 C.F.R. 635.114 provides the FHWA's regulatory policy regarding bid analysis and award of construction contracts. (Note: this regulation was last updated on August 2, 1991 and does not include revised stewardship, oversight, and applicability requirements resulting from the 1991 ISTEA and the 1998 TEA-21. See the discussion in the FHWA Contract Administration Core Curriculum Manual for current FHWA policy).
- The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for bid analysis and the award of contract.
- FHWA Contract Administration Core Curriculum Manual
- Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation - (Replaces FHWA Technical Advisories TA T 5080.4 and 5080.6)
- Virginia Transportation Research Council- Legal and Economic Aspects Of Competitive Market Behavior (.doc, 200 kb.)
- Transportation Estimators Association (see "documents" for references for the engineer's estimate)