Procurement of Construction Projects

FHWA has released a new memorandum detailing procurement requirements. In general, National Scenic Byways Program construction projects within the highway right-of-way must be awarded on the basis of the lowest responsive, responsible bidder unless the State DOT is able to demonstrate that some other method is more cost effective or that an emergency exists. State DOTs may procure National Scenic Byways Program projects not located within the highway right-of-way using State-approved procedures. For National Scenic Byways Program projects transferred to other Federal agencies, those agencies may use their own construction contracting requirements in lieu of those imposed on a State under Title 23. For more details, please see http://www.fhwa.dot.gov/construction/080625.cfm.