Procurement Options for Federal-aid, Construction and Service Contracts
(1) | (2) US DOT's Adoption of the Common Rule (Non-construction/ Non-engineering) | (3) Construction Contracts | (4) Engineering Service Contracts | (5) Special Experimental Project No. 14 (SEP-14) |
---|---|---|---|---|
Reference | 49 CFR 18 | 23 USC 112 (b)(1) 23 CFR 635 |
23 USC 112 (b)(2) 23 CFR 172 |
23 USC 307 |
Basis for contract award | State Procedures for procurement | Lowest Responsive Bidder | Qualifications Based Selection | Experimental |
Definitions | 49 CFR 18.3 | 23 USC 101(a) -"construction" | 23 USC 112 (b)(2) | None |
Types of Projects | Service contracts, equipment purchases, limited software development and other services that do not meet the definitions of design or construction | Traditional highway construction | Traditional engineering and architectural services | Non-traditional projects (design-build, best value, life cycle cost bidding, etc.) |
Exceptions/Applicability Limitations | 1) 49 CFR18.36(j) requires competitive bidding for highway construction grants using 23 CFR 635A (column 3) 2) 49CFR18.36(t) requires qualifications based selection for architectural or engineering services using Brooks Act requirements (column 4) |
1) For Transportation Enhancement projects off the highway ROW, 49 CFR 18 applies (col #2) 2) Deviations from competitive bidding requirements should be evaluated experimentally under SEP-14 (column 5) |