Notice2023-21306
Revised Form FHWA-1273
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2023
Effective
October 23, 2023
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces the availability of revised Form FHWA- 1273 "Required Contract Provisions Federal-Aid Construction Contracts" (FHWA-1273). This form includes certain contract provisions that are required on all Federal-aid construction contracts. This form also includes proposal notices that Federal-aid recipients must incorporate or reference in all solicitation-for-bids or request-for- proposals documents for Federal-aid construction projects. The changes to the form are those necessary to conform to the U.S. Department of Labor's (DOL) August 23, 2023, final rule amending the Davis-Bacon Act (DBA) and the Davis-Bacon Related Acts (DBRA) implementing regulations and are aligned with the effective date of those regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Page 67424]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21306]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Revised Form FHWA-1273
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: This notice announces the availability of revised Form FHWA-
1273 ``Required Contract Provisions Federal-Aid Construction
Contracts'' (FHWA-1273). This form includes certain contract provisions
that are required on all Federal-aid construction contracts. This form
also includes proposal notices that Federal-aid recipients must
incorporate or reference in all solicitation-for-bids or request-for-
proposals documents for Federal-aid construction projects. The changes
to the form are those necessary to conform to the U.S. Department of
Labor's (DOL) August 23, 2023, final rule amending the Davis-Bacon Act
(DBA) and the Davis-Bacon Related Acts (DBRA) implementing regulations
and are aligned with the effective date of those regulations.
DATES: The revised Form FHWA-1273 is effective October 23, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. James DeSanto, Office of
Preconstruction, Construction and Pavements, (614) 357-8515,
<a href="/cdn-cgi/l/email-protection#e288838f8791cc868791838c968da2868d96cc858d94"><span class="__cf_email__" data-cfemail="7e141f131b0d501a1b0d1f100a113e1a110a50191108">[email protected]</span></a> or Mr. Silvio J. Morales, Office of Chief
Counsel, (443) 835-8344, <a href="/cdn-cgi/l/email-protection#f98a90958f9096d794968b98959c8ab99d968dd79e968f"><span class="__cf_email__" data-cfemail="82f1ebeef4ebedacefedf0e3eee7f1c2e6edf6ace5edf4">[email protected]</span></a>, Federal Highway
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office
hours are from 8:00 a.m. to 4:30 p.m., EST, Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: On March 18, 2022, the DOL published a
notice of proposed rulemaking (NPRM), 87 FR 15698, proposing to update
and modernize the regulations at 29 CFR parts 1, 3, and 5, which
implement the DBA and the DBRA. The DBA requires the payment of locally
prevailing wages and fringe benefits on Federal contracts for
construction. The DBA prevailing wage requirements were subsequently
incorporated into Title 23 of the United States Code (U.S.C.) and are
thus applicable to Federal-aid highway construction contracts. 23
U.S.C. 113. In compliance with the latter FHWA requires that all
Federal-aid highway construction contracts physically incorporate the
DBA prevailing wage requirements via FHWA-1273. See 23 CFR 633.102.
After considering public comments on the NPRM, the DOL on August
23, 2023, published a final rule notice in the Federal Register at 88
FR 57526, adopting, with some modifications, the NPRM's proposed
changes to the DBA prevailing wage regulations at 29 CFR parts 1, 3,
and 5. The modifications to the required contract provisions contained
in 29 CFR 5.5 are applicable to the DBA prevailing wage requirements
within FHWA-1273. Pursuant to 23 CFR 633.104(a), FHWA has updated Form
FHWA-1273 to be consistent with the new regulatory requirements. As
such, and in accordance with 23 CFR part 633, subpart A, the revised
Form FHWA-1273, which can be found at <a href="https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf">https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf</a>, must be used by recipients and
contractors, including subcontractors at all tiers, as applicable under
the regulations. As specified in DOL's final rule, the new regulations
are applicable to all contracts awarded on or after October 23, 2023.
Accordingly, States and other contracting agencies must use the revised
Form FHWA-1273 in all prime construction contracts for Federal-aid
construction projects awarded on or after October 23, 2023, as well as
all subcontracts, including lower-tier subcontracts, that are awarded
under such prime contracts.
Authority: 23 U.S.C. 113; 23 CFR 633.104; 29 CFR 5.5.
Shailen P. Bhatt,
Administrator, Federal Highway Administration.
[FR Doc. 2023-21306 Filed 9-28-23; 8:45 am]
BILLING CODE 4910-22-P
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