Construction

Construction Program Guide

Foreign Contractor and Supplier Restriction

Currently there are no restrictions against the use of foreign contractors in the Federal-aid highway program. The United States Trade Representative has not implemented such a restriction since 1988.

Authority/Legal Basis

Regulations

• 49 CFR 30 Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors (10/01/2012) provides the Secretary of Transportation with the authority to restrict foreign contractors from participating in USDOT program when their countries have been found to deny procurement market access to U.S. contractors.

Policy

• Section III.A.4. of the FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for foreign contractor and supplier restrictions.
• Montana/Canadian Contract Issues (02/08/1999)

Guidance

General Information

• FHWA Contract Administration Core Curriculum Manual
• Office of the U.S. Trade Representative

Training

• FHWA Contract Administration Core Curriculum (Course Description (.pdf))

Archive

• Anti-Apartheid Provision (09/27/1989)
• Anti-Apartheid Provisions (11/15/1985)