[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.113]

[Page 166-167]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                      Subpart A_Contract Procedures
 
Sec. 635.113  Bid opening and bid tabulations.

    (a) All bids received in accordance with the terms of the 
advertisement shall be publicly opened and announced either item by item 
or by total amount. If any bid received is not read aloud, the name of 
the bidder and the reason for not reading the bid aloud shall be 
publicly announced at the letting. Negotiation with contractors, during 
the period following the opening of bids and before the award of the 
contract shall not be permitted.

[[Page 167]]

    (b) The STD shall prepare and forward tabulations of bids to the 
Division Administrator. These tabulations shall be certified by a 
responsible STD official and shall show:
    (1) Bid item details for at least the low three acceptable bids and
    (2) The total amounts of all other acceptable bids.
    (c) In the case of a design-build project, the following 
requirements apply:
    (1) All proposals received must be opened and reviewed in accordance 
with the terms of the solicitation. The STD must use its own procedures 
for the following:
    (i) The process of handling proposals and information;
    (ii) The review and evaluation of proposals;
    (iii) The submission, modification, revision and withdrawal of 
proposals; and
    (iv) The announcement of the successful offeror.
    (2) The STD must submit a post-award tabulation of proposal prices 
to the FHWA Division Administrator. The tabulation of price proposal 
information may include detailed pricing information when available or 
lump sum price information if itemized prices are not used.

[56 FR 37004, Aug. 2, 1991, as amended at 67 FR 75925, Dec. 10, 2002]