The Federal Highway Administration (FHWA) has updated Form FHWA-1273: Required Contract Provisions Federal-Aid Construction Contracts. Per the Federal Register notice, the updated Form FHWA-1273 becomes effective September 6, 2022.
Form FHWA-1273 is a package of federally-required contract provisions that must be physically included, unmodified, and placed within the executed construction contract for all federal-aid projects. The provisions apply to all work performed on the construction contract including work performed by subcontract. The unmodified Form FHWA-1273 is required to be physically incorporated into each executed contract, subcontract and subsequent lower-tier subcontracts.
Key Items to Know
• Contracting agencies must include the new Form FHWA-1273 in all federal-aid construction contracts where bids or responses to solicitations are due on or after the effective date, September 6, 2022.
• Contracting agencies may begin using the new Form FHWA-1273 immediately at their option where bids or responses are due prior to the effective date of September 6, 2022.
• The requirement to use the new Form FHWA-1273 does not apply to pre-existing contracts.
Resources
• Updated Form FHWA-1273 dated July 5, 2022, along with a Section-by-Section summary of the changes to the form are now accessible on FHWA’s website.
• Federal Register Notice link by FHWA dated 7/05/2022.
• More information about Form FHWA-1273 and Federal Contract Language Requirements can be found in Chapter 12: Plans, Specifications & Estimate of the LAPM.
• A Division of Local Assistance Office Bulletin regarding this issue and update of LAPM Exhibit 12-G, Required Federal-Aid Contract Language, is forthcoming.
Questions
Contact Caltrans Division of Local Assistance Kitae.Nam@dot.ca.gov or Tanzeeba.Kishwar@dot.ca.gov.