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

1. Laws

   • Title 23 U.S.C. 112 provides the FHWA's statutory requirements for competitive bidding for construction contracts.

2. Regulations

   • Title 23 C.F.R. 635.112 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).

3. Orders

   • None

4. Policy

   • The FHWA Contract Administration Core Curriculum Manual summarizes FHWA's policy and guidance for the advertising of Federal-aid construction contracts.
   • Memoranda
     • Headquarters Memorandum dated June 26, 2008; Subject: Procurement of Federal-aid Construction Projects
     • Mr. Horne's July 17, 2006 Memorandum, Interim Guidance: 23 CFR Part 635 Electronic Contracting Issues allows State Transportation Agencies (STAs) to use electronic methods for advertising, receiving bids or awarding contracts
     • Questions and Answers Regarding Electronic Contracting.

Guidance

1. General Information

   • FHWA Contract Administration Core Curriculum Manual
   • Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation - (Replaces FHWA Technical Advisories TA T 5080.4 and 5080.6)
   • "A Practical Guide to Estimating" (.pdf), Chapter 6 - "Evaluation of Contractor Bids", AASHTO Subcommittee on Design, Technical Committee on Cost Estimating, October 25, 2007.

2. Training

   • FHWA Contract Administration Core Curriculum (Course Description)