Construction Program Guide

Public Agency Provided Materials

FHWA policy requires that the contractor furnish all materials to be incorporated in the work, and the contractor is permitted to select the sources from which the materials are to be obtained. The Division Administrator may approve exceptions to this requirement when the contracting agency provides an adequate public interest finding for the use of agency provide materials. See the Contract Administration Core Curriculum Manual for a discussion of the exceptions for manufactured materials and local natural materials.

Authority/Legal Basis

1. Laws

   • Title 23 U.S.C. 112

2. Regulations

   • Title 23 C.F.R. 635.407
     (Note: this regulation has not been revised since 1976 and does not include the 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.)

3. Orders

   • None

4. Policy

   • The FHWA Contract Administration Core Curriculum Manual summarizes FHWA policy and provides general guidance concerning State furnished materials.

Guidance

1. General Information

   • The FHWA Contract Administration Core Curriculum Manual summarizes FHWA policy for State furnished or State designated manufactured or local natural material.

2. Training

   • FHWA Contract Administration Core Curriculum (Course Description)