Construction Program Guide
State Preference for Materials
FHWA policy prohibits contractual provisions that provide a preference for in-State materials to the exclusion of comparable materials produced outside of the State. Such provisions may give particular advantage to a designated source and thus restrict 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 635.409 Restrictions upon Materials (04/01/2013)
Policy
- The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA policy for State preference for materials.