Competitive Bidding Requirements Under the Federal-Aid Highway Program

Competitive Bidding Requirements Under the Federal-Aid Highway Program The competitive bidding requirement of

23 U.S.C. § 112

imposes, in addition to proce- dural rules dictating the process by which bids are awarded, a substantive limitation on state or local bidding requirements that are unrelated to the bidder’s performance of the necessary work. Section 112’s competitive bidding requirement does not preclude any and all state or local bidding or contractual restrictions that have the effect of reducing the pool of potential bidders for reasons unrelated to the performance of the necessary…