Deviation From Competitive Bidding [Memorandum]

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Deviation From Competitive Bidding [Memorandum]

1985-04-30
By United States. Department of Transportation. Federal Highway Administration
Series: Memoranda & Guidance: Guidance

File Language:

English

Details

Corporate Creators:

United States. Department of Transportation. Federal Highway Administration
Corporate Contributors:

United States. Department of Transportation. Federal Highway Policy & Guidance Center
Subject/TRT Terms:

Competitive Bidding Contract Administration Contracting Federal Aid Policy Recommendations
Series:

Memoranda & Guidance: Guidance
Resource Type:

Memorandum
Right Statement:

Public Domain
Geographical Coverage:

United States
Corporate Publisher:

United States. Department of Transportation. Federal Highway Administration
Abstract:

Recently, several member State agencies of the American Association of State Highway and Transportation Officials have asked us to consider changing our requirements on competitive bidding to allow negotiation of construction contracts with apparent low bidders. The States indicate that this change would be in the public interest because it would lead to lower prices and reduce the potential for bid rigging. In view of this interest, we have reviewed Federal law covering competitive bidding as well as the Federal Highway Administration's policy in this area. As a result of this review, we have concluded that the legal requirements of Section 112 of Title 23, United States Code, do not permit negotiation of prices with apparent low bidders. Under Section 112 and the regulations we issued to implement it one of the most basic requirements is that the State highway agency must maintain nondiscriminatory procedures for inviting bids. These procedures should be free of requirements restricting competitive bidding on construction contracts. Bids must be opened publicly and the results announced. After tabulation and examination of the bids for errors, irregularities, responsibility, and responsiveness, the State highway agency must either accept or reject the bid.
Format:

PDF
Collection(s):

Federal Highway Administration
Main Document Checksum:

urn:sha-512:e2d7c944038ea4011c266e4dff61bfecd1823faeef9c9dd963414afd2b5a81ced40b226d9af5055591266a989c276763874eeb8ad3f22511123e37975b30a5bf
Download URL:

https://rosap.ntl.bts.gov/view/dot/92998/dot_92998_DS1.pdf
File Type:

[PDF - 68.89 KB ]

File Language:

English

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