Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Project Development

Contract Specifications

Form FHWA – 1273 

When your local public agency (LPA) 

construction project uses Federal funds, there 

are a number of Federal requirements that 

apply. For this reason, make sure the Federal 

government’s requirements are included in the 

project contract between your agency and the 

contractor.

To make it easy, the Federal Highway 

Administration (FHWA) has put these 

requirements into Form FHWA-1273.This 

document is often referred to simply as Form 

1273 or “the 1273.” It is to be inserted, intact, in 

all your Federal-aid contracts and subcontracts. 

This form contains several of the most common 

contract provisions mandated by various Federal 

agencies when Federal dollars are involved. An 

unaltered copy of the most recent version of 

Form 1273 must be physically incorporated in all 

contracts for a specific project regardless of the 

dollar value of the contract. 

You, the LPA, should make sure that Form 1273 

is included in your primary contracts for your 

construction projects. Also ensure that your 

contractors are aware that if they subcontract 

any portion of the work out, Form 1273 is to be 

included in those contracts as well. This form 

must be incorporated at all levels of the 

contracting process and cannot be changed in 

any way. 

Minor additions covering State or local 

requirements may be included in a separate 

supplement as long as these additions do not 

conflict with State or Federal laws and 

regulations. Additions also cannot change the 

intent of the required contract provisions of Form 

1273. Remember, the Form 1273 itself can't be 

altered. Contact your State department of 

transportation, or State DOT, to help you 

determine the types of modifications that are 

allowed. 

An overview of standard contract provisions required on all 

Federal-aid construction projects
Federal-aid Essentials for Local Public Agencies

To make the form easier to follow, let's look at 

the requirements found in Form 1273. There are 

five sections that contain general contract 

provisions. The topics in this group include: 

• The requirement to include Form 1273

into all subcontracts and other general 

labor issues 

• Details regarding subletting 

requirements 

• Notice concerning false statements 

about highway projects 

• Requirements relating to debarment, 

ineligible, or excluded project 

participants

• And prohibiting the use of contract funds 

for lobbying efforts. 

The form also 

incorporates civil rights 

provisions, including

nondiscrimination, equal 

employment opportunity, 

and affirmative action 

requirements, as well as 

provisions to ensure nonsegregation and non-segregated facilities. 

Provisions included from the Department of 

Labor include: 

• Minimum wage rates and other 

employment related areas 

• Payroll, payroll documents and record 

retention

• OSHA accident prevention and jobsite 

safety. 

The Environmental Protection Agency provision 

contains the Clean Air and Clean Water Act 

requirements. 

Attachment A details hiring preferences for 

Appalachian Development Highway projects. 

The self-contained Form 1273 was developed to 

outline the requirements of various Federal 

agencies in order to safeguard the investment of 

Federal dollars on your projects. As such, make 

sure to incorporate Form 1273, intact, into all 

contracts and subcontracts for Federal-aid LPA 

projects.
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number

DTFH63-11-F-00066 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid 

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This companion resource 

is the script content for 

the video production of 

the same name. 

Additional Resources

• Link to Form FHWA-1273, required in all Federal-aid construction contracts

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

• Federal regulations for required contract provisions

http://www.ecfr.gov/cgi/t/text/textidx?c=ecfr&sid=6e2ccbb66576498220877d55e8e71e7a&rgn=div5&view=text&

node=23:1.0.1.7.22&idno=23

• Reference guide chapter on Form FHWA-1273 requirements

http://www.fhwa.dot.gov/programadmin/contracts/core02.cfm#s2A