On May 1, 2012, the Federal Highway Administration (FHWA) revised Form FHWA-1273. This form is a compilation of Federal provisions that are required to be inserted into federally funded contracts and subcontracts. Under 23 CFR 633.102(d), these required contract provisions apply to all work performed on the contract by the prime contractor’s own organization and by all of the prime’s subcontractors. Pursuant to 23 CFR 633.102(b) and (e), form FHWA–1273 is to be physically incorporated into each Federal-aid highway construction contract and into each subcontract. These regulations were promulgated under lawful authority and are enforceable.
The updated form will be utilized in MDOT projects beginning with the August 10, 2012 letting.
In order to comply with the contract requirements, the updated form must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreement for supplies or services related to a construction contract).
The applicable requirements of Form FHWA-1273 must be incorporated by reference for work done under any purchase order, rental agreement or agreement for other services.
The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
To view the revised Form FHWA-1273 click here.
To view further information regarding the proposed revision of Form FHWA-1273 – “Required Contract Provisions Federal-Aid Construction Contracts” click here.
If you have any questions or comments contact Glenn Bukoski at glennbukoski@mi-ita.com or Doug Needham at douglasneedham@mi-ita.com or call them at the MITA office at 517-347-8336.
