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