23 C.F.R. Subpart A—Federal-Aid Construction Contracts (Other Than Appalachian Contracts)
Title 23 - Highways
Authority: 23 U.S.C. 114 and 315; 49 CFR 1.48.
Source: 52 FR 36920, Oct. 2, 1987, unless otherwise noted.
To prescribe for Federal-aid highway proposals and construction contracts the method for inclusion of required contract provisions of existing regulations which cover employment, nonsegregated facilities, record of materials and supplies, subletting or assigning the contract, safety, false statements concerning highway projects, termination of a contract, and implementation of the Clean Air Act and the Federal Water Pollution Control Act, and other provisions as shall from time-to-time be required by law and regulation as conditions of Federal assistance. (a) The required contract provisions and the required proposal notices apply to all Federal-aid construction contracts other than Appalachian construction contracts. (b) Form FHWA–1273, “Required Contract Provisions, Federal-aid Construction Contracts,” contains required contract provisions and required proposal notices that are required by regulations promulgated by the FHWA or other Federal agencies. The required contract provisions of Form FHWA–1273 shall be physically incorporated in each Federal-aid highway construction contract other than Appalachian construction contracts (see §633.104 for availability of form). (c) [Reserved] (d) The required contract provisions contained in Form FHWA–1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work, or by subcontract. (e) The contractor shall insert in each subcontract, except as excluded by law or regulation, the required contract provisions contained in Form FHWA–1273 and further require their inclusion in any lower tier subcontract that may in turn be made. The required contract provisions of Form FHWA–1273 shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA–1273. (f) The State highway agency (SHA) shall include the notices concerning certification of nonsegregated facilities and implementation of the Clean Air Act and Federal Water Pollution Control Act, pursuant to 40 CFR part 15, in all bidding proposals for Federal-aid highway construction projects. As the notices are reproduced in Form FHWA–1273, the SHA may include Form FHWA–1273 in its entirety to meet this requirement. [52 FR 36920, Oct. 2, 1987, as amended at 69 FR 7118, Feb. 13, 2004] All required contract provisions contained in Form FHWA–1273 are requirements of regulations promulgated by the FHWA or other Federal agencies.The authority for each provision will be cited in the text of Form FHWA–1273. (a) Form FHWA–1273 will be maintained by the FHWA and as regulatory revisions occur, the form will be updated. (b) Current copies of Form FHWA–1273, Required Contract Provisions, will be made available to the SHAs by the FHWA.
Title 23: Highways
PART 633—REQUIRED CONTRACT PROVISIONS
Subpart A—Federal-Aid Construction Contracts (Other Than Appalachian Contracts)
§ 633.101 Purpose.
§ 633.102 Applicability.
§ 633.103 Regulatory authority.
§ 633.104 Availability.
