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Procurement Options for Federal-aid, Construction and Service Contracts

US DOT's Adoption of the Common Rule (Non-construction/ Non-engineering)
Construction Contracts
Engineering Service Contracts
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)

Updated: 10/29/2015
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