Certification Program Office: Policy Update

PURPOSE:

To notify Certified Local Public Agencies (LPAs) of updates to Form FHWA-1273 (Required Contract Provisions Federal-Aid Contracts), including the deadline for incorporating the revised form in bid books and contracts.

BULLETIN INFORMATION:

1. Background: On July 5, 2022, FHWA issued a revised Form FHWA-1273 (Required Contract Provisions Federal-Aid Contracts). The provisions of FHWA-1273 generally apply to all federal-aid highway construction projects, and must be physically incorporated into the construction contract, subcontracts and lower tier subcontracts. FHWA revised Form FHWA-1273 to incorporate regulatory updates. For additional guidance, see LAG Section C, Chapter 11, Subsections C.3 and C.8 and Section C, Chapter 16, Subsection J.
2. Resources: FHWA’s website includes resources explaining the updates to FHWA-1273, including:
   • Revised Form FHWA-1273
   • Section-by-section summary of changes
   • July 12, 2022 Updates to FHWA-1273 Webinar presentation and recording
3. Summary of changes: See the FHWA summary of changes for complete section-by-section explanation.
4. Reminder: For each project, Certified Local Agency staff should check to make sure the current provisions are included in bid and contract documents. This includes, but is not limited to, Form FHWA-1273, minimum wage rates, and boilerplate special provisions.
5. Due date/Effective Date: The revised Form FHWA-1273 is effective September 6, 2022.
   • Agencies may begin using the revised FHWA-1273 immediately, even if bids are due prior to the September 6, 2022 effective date.
   • Agencies must include the revised FHWA-1273 in all Federal-aid construction contracts where the bids or responses to solicitations are due on or after September 6, 2022.
   • Pre-existing contracts are not impacted.
6. Webpage links:
   • FHWA Form FHWA-1273 page
   • ODOT Boiler Plate Special Provisions
   • LAG Manual

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