Construction Program Guide
Form FHWA-1273 - Required Contract Provisions Federal-Aid Construction Contracts
The provisions of Form FHWA-1273 generally apply to all Federal-aid construction projects, and must be physically incorporated into the construction contract, subcontracts and lower-tier subcontracts. A State department of transportation (State DOT) is not permitted to modify the provisions of Form FHWA-1273. However, a State DOT may develop a separate supplemental specification or special provision as long as the content does not conflict with Federal requirements or change the intent of the provisions of Form FHWA-1273.
Recent Revisions
On August 23, 2023, the Department of Labor updated the required contract provisions contained in 29 CFR 5.5 by publishing its Davis-Bacon final rule in the Federal Register. As a result, FHWA revised Form FHWA-1273 to incorporate the new required contract provisions and announced its availability via a Federal Register Notice published on September 29, 2023. This version of Form FHWA-1273 must be incorporated into all Federal-aid construction contracts awarded after October 23, 2023, and related subcontracts and lower-tier subcontracts.
See the document below for a summary of the revisions to Form FHWA-1273.
Authority/Legal Basis
Regulations
- 23 CFR 633.102 Applicability (02/13/2004) provides FHWA's regulatory policy on the required use and implementation of the Required Contract Provisions.
- 23 CFR 633A Federal-Aid Construction Contracts (Other than Appalachian Contracts) (02/13/2004)
Policy
- Form FHWA 1273 - Required Contract Provisions Federal-Aid Construction Contracts (10/23/2023)
- 29 CFR 5.5 Contract provisions and related matter (07/01/2019)
- The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance regarding the use of form FHWA-1273.