Required Contract Provisions Federal-Aid Construction Contracts

TO THE ATTENTION OF DIVISION ADMINISTRATORS AND DEPUTY DIVISION ADMINISTRATORS

Please forward to appropriate staff within your unit and share with appropriate external stakeholders.

This message is to inform offices that Form FHWA-1273, “Required Contract Provisions Federal-Aid Construction Contracts” has been updated and final notice of availability has been published in the Federal Register on July 5, 2022.  The 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 at https://www.fhwa.dot.gov/construction/cqit/form1273.cfm.

Per the Federal Register notice, the updated Form FHWA-1273 becomes effective 60 days (September 3, 2022) after publication. 

  • Contracting agencies may begin using the new Form FHWA-1273 (dated July 5, 2022) immediately at their option where bids or responses are due prior to the effective date, September 3, 2022. 
  • 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 3, 2022.
  • The requirement to use the new Form FHWA-1273 does not apply to pre-existing contracts.

The Office of Infrastructure will schedule the following presentations to review the changes to the form,  webinar information will be provided in a separate email:

  • Internal (FHWA-only) webinar via Microsoft Teams at 1pm EDT on Tuesday July 19, 2022.
  • External (FHWA and stakeholders) webinar via Microsoft Teams at 1pm EDT on Thursday July 21, 2022.

Should you or your staff have questions, please contact Jim DeSanto, Construction Team, (614) 357-8515, James.DeSanto@dot.gov.