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PURPOSE:
To notify Certified Local Public Agencies (LPAs) that are cities and counties about:
- Updates to Form FHWA-1273 (Contract Provisions for Federal-Aid Contracts), including the due dates for incorporating the revised form in bid books and contracts.
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Action Required: Certified cities and counties must update construction contracting documents as soon as practicable and complete a Certified LPA Acknowledgement Survey for Revision 2 of this bulletin by Friday, September 4, 2026 (see sections 5 and 6 below).
Note: Substantive Revision 2 changes are shown in underline text.
BULLETIN INFORMATION:
1. Background: On June 29, 2026, FHWA issued a memorandum on the rescission of 23 CFR 633 Subpart A (effective June 10, 2026) and on revisions made to Form FHWA-1273 (Contract Provisions for Federal-Aid Contracts) dated June 25, 2026. ODOT was first notified of the most recent updates on July 8, 2026.
FHWA revised Form FHWA-1273 to incorporate regulatory and other updates. The provisions of Form FHWA-1273 generally apply to all federal-aid highway construction projects and, prior to the recission of 23 CFR 633 Subpart A, Form FHWA-1273 was required to be physically incorporated into the construction contract, subcontracts, and lower-tier subcontracts. The June 25, 2026 revision to Form FHWA-1273 states that use of Form FHWA-1273 is now optional on the part of the contracting agency. However, contracting agencies must continue to ensure compliance with the provisions cited therein and retain authority to determine whether Form FHWA-1273 must be physically incorporated into the construction contract, subcontracts, and lower-tier subcontracts.
2. Continued Use of Form FHWA-1273: ODOT continues to require that certified LPAs must require Form FHWA-1273 to be physically incorporated into the construction contract, subcontracts, and lower-tier subcontracts. If, after additional research and analysis, there are other compliant options for incorporating the provisions in Form FHWA-1273, ODOT will update Certification Program guidance accordingly. For additional ODOT guidance, see Section C, Chapters 14 and 16 of the Local Agency Guidelines (LAG) Manual.
Reminder: For each project, Certified LPA 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.
3. Resources: Linked below are resources explaining the updates, including:
4. Form Effective Date: Revised Form FHWA-1273 is effective June 25, 2026.
5. Action Required: For federal-aid projects that were advertised for bids on or after June 25, 2026, each Certified city and county should update construction contracting documents to include the revised Form FHWA-1273 as follows:
- Include the revised Form FHWA-1273 in all PS&E packages moving forward. (If the PS&E package is already under review with ODOT, the certified LPA may instead swap out the form prior to advertisement or issue by addendum. Note the option chosen on the PS&E checklist.)
- Issue an addendum or change order as necessary to include the updated Form FHWA-1273 in the construction contract.
- Any such updates should be completed by the Certified LPA as soon as practicable. Notify the ODOT project contact once an update has been made.
6. Acknowledgement Survey: The Certification Program Liaison (or designated primary contact) for each Certified city and county should complete and submit the Certified LPA Acknowledgement Survey to identify affected projects and confirm any needed action by September 4, 2026.
7. Webpage links: Access to ODOT guidance and resources:
Questions, concerns, or need an accommodation or alternate format?
Telephone contacts are available free of charge through TTY at 800-735-2900, or through Oregon Relay Service at 7-1-1. For other requests, please contact us at:
ODOT is an Equal Employment Opportunity and Affirmative Action (EEO/AA) employer. ODOT does not discriminate on the basis of disability in admission or access to its programs, services, activities, hiring and employment practices. For questions about EEO/AA at ODOT, contact ODOT HR toll free at 877-336-6368 (EEO-ODOT) or email AskHR@odot.oregon.gov.
Link to Online Posted version of policy
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