Construction Program Guide
Advertising for Bids
The FHWA's policies for advertising for construction bids provide for authorization by the FHWA Division Administrator prior to advertisement, minimum advertising periods, prior approval of major addenda, and required use of non-collusion provisions and other requirements to ensure fair, open competition.
Authority/Legal Basis
Laws
- 23 U.S.C. 112 Letting of Contracts (2015) Provides the FHWA's statutory requirements for competitive bidding for construction contracts.
Regulations
- 23 CFR 635.112 Advertising for bids and proposals (4/1/2013) Provides the FHWA's regulatory policy regarding the advertising for bids for 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).
Policy
- The FHWA Contract Administration Core Curriculum Manual summarizes FHWA's policy and guidance for the advertising of Federal-aid construction contracts.
- Procurement of Federal-aid Construction Projects (06/26/2008)
- Interim Guidance: 23 CFR Part 635 Electronic Contracting Issues (07/14/2006) Mr. Horne's allows State Transportation Agencies (STAs) to use electronic methods for advertising, receiving bids or awarding contracts
Guidance
General Information
- FHWA Contract Administration Core Curriculum Manual
- FHWA Guidance Compliance Assessment Program (CAP) (April, 2017)
- Guidelines on Preparing Engineer’s Estimate, Bid Reviews and Evaluation (10/07/2021)