Construction

Construction Program Guide

Bid Opening and Tabulation

The FHWA's policy for bid opening and the tabulation of construction bids provides for:

• The public opening of the bids
• The use of electronic methods for advertising, receiving bids, opening bids, announcing bid results or awarding contracts
• A prohibition against negotiation with contractors after bid opening but prior to the award of the contract
• Guidance for the submittal of bid tabulations to the Division Administrator

Authority/Legal Basis

Laws

• 23 U.S.C. 112 Letting of Contracts (2015)

Regulations

• 23 CFR 635.113 Bid opening and bid tabulations (04/01/2019) 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 the FHWA's policies and provides general guidance for bid opening and bid tabulation.
• 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
  • Questions and Answers Regarding Electronic Contracting.

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 (October 2021)

Traing

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

Archive

• Internet Bidding for Highway Construction Projects (11/15/2002)