FHWA’s Office of Infrastructure has published the final rule in the Federal Register (91 FR 25492, May 11, 2026), rescinding 23 CFR part 633 subpart A, and announcing the revisions made to Form 1273.
The updated Form 1273 and a section-by-section summary of changes can be found here:
- Updated Form 1273 (EPG Figure 136.9.7)
- Form 1273 Summary of Changes
With the publication of this final rule FHWA is removing the regulatory requirement that Form 1273 (“Required Contract Provisions, Federal-aid Construction Contracts”) must be physically incorporated into each Federal-aid highway construction contract and all lower-tier subcontracts. As noted in the memo, recipients, subrecipients, and contractors are no longer mandated to use Form 1273 as the single mechanism to fulfill their obligations to incorporate contract provisions required by statute and other regulations. They may choose alternative methods to incorporate the required provisions, though they may continue using the updated Form 1273 if they prefer.
MoDOT will continue using the Form 1273 as the mechanism to incorporate the required provisions.