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

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. 635.113 provides the FHWA's regulatory policy regarding bid opening and bid tabulation. (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 the FHWA's policies and provides general guidance for bid opening and bid tabulation.
   • 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)