FHWA Federally Required Clauses (10-2023).pdf

REQUIREMENTS FOR FEDERALLY AIDED TRANSPORTATION PROJECTS (FHWA)

(October 2023)

There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal-aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, NYSDOT is responsible for the administration of transportation projects in New York State to which

NYSDOT provides Federal highway or transportation-related aid. In undertaking a Federally aided project (as it applies to this project), the Contractor agrees to proceed in compliance with all the applicable contract provisions for Federal-aid construction contracts that are contained in

Form FHWA-1273 (available electronically at:

http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf).

In addition to Form FHWA-1273, the attention of the Contractor is directed to the following requirements and information:

DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS

The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26, in connection with the performance of a Federally aided project, the Contractor shall cause its subcontractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of

Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have an opportunity to compete for subcontract work under this project (as applicable). The

Contractor shall cause its subcontractors to undertake such actions as may be necessary to comply with 49 CFR Part 26 (as it applies to this project).

BUY AMERICA REQUIREMENTS1

The Buy America requirements of 23 CFR 635.410 apply to all steel or iron materials that are

“used” or “permanently incorporated” in a Federally aided project for highway construction.

Permanent incorporation includes items that are specified in the contract documents (or bid options specified in the contract documents) that must remain in place at the end of the project.

It includes items that are impractical to remove due to design, construction staging or other functional requirements. If an item is specified in the contract documents and it is impossible or impractical to remove the item, then Buy America provisions apply.

Other steel or iron items specified in the contract documents that are not required to be permanently incorporated are considered to be temporary and not subject to coverage. This includes an item that is specified in the contract documents for one stage of the project, but for all practical purposes, may be removed during a subsequent phase (or left in place if requested by the contractor and approved by the contracting agency).

1 Specific Buy America clause(s) will be incorporated into Department solicitation when this requirement applies.

http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

THE CATALOG OF FEDERAL DOMESTIC ASSITANCE INFORMATION

The Catalog of Federal Domestic Assistance (CFDA2) is an on-line database of all Federally-aided programs available to State and local governments (including the District of Columbia);

Federally recognized Indian tribal governments; Territories (and possessions) of the United

States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals.

THE CFDA IDENTIFICATION NUMBER

OMB Circular A-133 requires all Federal-aid recipients to identify and account for awards and expenditures by CFDA Number. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass-through entity.

The most commonly used CFDA number for the Federal Aid Highway Planning and

Construction program is 20.205.

Additional CFDA numbers for other transportation and non-transportation related programs are:

20.215 Highway Training and Education

20.219 Recreational Trails Program

20.XXX Highway Planning and Construction - Highways for LIFE;

20.XXX Surface Transportation Research and Development;

20.500 Federal Transit-Capital Investment Grants

20.505 Federal Transit-Metropolitan Planning Grants

20.507 Federal Transit-Formula Grants

20.509 Formula Grants for Other Than Urbanized Areas

20.600 State and Community Highway Safety

23.003 Appalachian Development Highway System

23.008 Appalachian Local Access Roads

CARGO PREFERENCE ACT REQUIREMENTS – U.S. FLAG VESSELS

In accordance with 46 CFR 381, the contractor agrees:

(a) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment. material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2 www.cfda.gov/ https://www.cfda.gov/ http://www.cfda.gov/

(b) To furnish within 20 days following the date of loading for shipments originating within the

United States or within 30 working days following the date of loading for shipments originating outside the United States. a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in

English for each shipment of cargo described in paragraph (b) (1) of this section to both the

Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

(c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.