Federal Register #2026-09276

FHWA Rescinds Form FHWA1273 Requirement for Most Federal-Aid Construction Contracts

The Federal Highway Administration (FHWA) has announced a regulatory change impacting federal-aid construction contracts: - The requirement to physically incorporate Form FHWA1273 into federal-aid construction contracts is rescinded, except for Appalachian contracts - This rule had been in place since 1987 - Underlying statutory and regulatory contract provisions remain mandatory - Recipients and contractors must still comply with these provisions, but may use alternative methods instead of Form FHWA1273 - No specific products, services, or vendors are being procured or awarded as part of this notice - The change affects contract administration processes for federal-aid construction projects - The Federal Highway Administration (FHWA) is the primary agency referenced

Description

The Federal Highway Administration (FHWA) is issuing a final rule to rescind the regulation requiring the physical incorporation of Form FHWA1273, which contains required contract provisions, into federal-aid construction contracts (excluding Appalachian contracts). The rule, originally issued in 1987, is deemed no longer necessary, though the underlying contract provisions remain required by statute and regulation. The final rule is effective June 10, 2026, and allows recipients and contractors to use alternative methods to satisfy contract provision obligations. This action is part of the Department of Transportation's efforts to deregulate and streamline federal-aid construction contract requirements.

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