[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.112]

[Page 176]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.112  Advertising for bids.

    (a) No work shall be undertaken on any Federal-aid project, nor 
shall any project be advertised for bids, prior to authorization by the 
Division Administrator.
    (b) The advertisement and approved plans and specifications shall be 
available to bidders a minimum of 3 weeks prior to opening of bids 
except that shorter periods may be approved by the Division 
Administrator in special cases when justified.
    (c) The SHA shall obtain the approval of the Division Administrator 
prior to issuing any addenda which contain a major change to the 
approved plans or specifications during the advertising period. Minor 
addenda need not receive prior approval but should be identified by the 
SHA at the time of or prior to requesting FHWA concurrence in award. The 
SHA shall provide assurance that all bidders have received all issued 
addenda.
    (d) Nondiscriminatory bidding procedures shall be afforded to all 
qualified bidders regardless of National, State or local boundaries and 
without regard to race, color, religion, sex, national origin, age, or 
handicap. If any provisions of State laws, specifications, regulations, 
or policies may operate in any manner contrary to Federal requirements, 
including title VI of the Civil Rights Act of 1964, to prevent 
submission of a bid, or prohibit consideration of a bid submitted by any 
responsible bidder appropriately qualified in accordance with 
Sec. 635.110, such provisions shall not be applicable to Federal-aid 
projects. Where such nonapplicable provisions exist, notices of 
advertising, specifications, special provisions or other governing 
documents shall include a positive statement to advise prospective 
bidders of those provisions that are not applicable.
    (e) No public agency shall be permitted to bid in competition or to 
enter into subcontracts with private contractors.
    (f) The SHA shall include a noncollusion provision substantially as 
follows in the bidding documents:

    Each bidder shall file a statement executed by, or on behalf of the 
person, firm, association, or corporation submitting the bid certifying 
that such person, firm, association, or corporation has not, either 
directly or indirectly, entered into any agreement, participated in any 
collusion, or otherwise taken any action, in restraint of free 
competitive bidding in connection with the submitted bid. Failure to 
submit the executed statement as part of the bidding documents will make 
the bid nonresponsive and not eligible for award consideration.

    (1) The required form for the statement will be provided by the 
State to each prospective bidder.
    (2) The statement shall either be in the form of an affidavit 
executed and sworn to by the bidder before a person who is authorized by 
the laws of the State to administer oaths or in the form of an unsworn 
declaration executed under penalty of perjury of the laws of the United 
States.
    (g) The SHA shall include the lobbying certification requirement 
pursuant to 49 CFR part 20 and the requirements of 49 CFR part 29 
regarding suspension and debarment certification in the bidding 
documents.
    (h) The SHA shall clearly identify in the bidding documents those 
requirements which the bidder must assure are complied with to make the 
bid responsive. Failure to comply with these identified bidding 
requirements shall make the bid nonresponsive and not eligible for award 
consideration.

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