[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.111]

[Page 175]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.111  Tied bids.

    (a) The STD may tie or permit the tying of Federal-aid highway 
projects or Federal-aid and State-financed highway projects for bidding 
purposes where it appears that by so doing more favorable bids may be 
received. To avoid discrimination against contractors desiring to bid 
upon a lesser amount of work than that included in the tied 
combinations, provisions should be made to permit bidding separately on 
the individual projects whenever they are of such character as to be 
suitable for bidding independently.
    (b) When Federal-aid and State-financed highway projects are tied or 
permitted to be tied together for bidding purposes, the bid schedule 
shall set forth the quantities separately for the Federal-aid work and 
the State-financed work. All proposals submitted for the tied projects 
must contain separate bid prices for each project individually. Federal 
participation in the cost of the work shall be on the basis of the 
lowest overall responsive bid proposal unless the analysis of bids 
reveals that mathematical unbalancing has caused an unsupported shift of 
cost liability to the Federal-aid work. If such a finding is made, 
Federal participation shall be based on the unit prices represented in 
the proposal by the individual contractor who would be the lowest 
responsive and responsible bidder if only the Federal-aid project were 
considered.
    (c) Federal-aid highway projects and State-financed highway projects 
may be combined in one contract if the conditions of the projects are so 
similar that the unit costs on the Federal-aid projects should not be 
increased by such combinations of projects. In such cases, like 
quantities should be combined in the proposal to avoid the possibility 
of unbalancing of bids in favor of either of the projects in the 
combination.

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