Dear Transportation Partners,
This email is to share an important reminder from the Division of Local Assistance about form 1273. It has been identified in the recent FHWA CAP reviews, many agencies failed to include Form 1273 in the executed contracts. The DLA is working on resolving this issue with a programmatic approach in the corrective action trying to avoid sanctions.
See DLA-OB 12-05 – “Revised Form FHWA-1273 for Federal-aid Construction Contracts”:
For all the CON RFAs you authorized since the beginning of this FFY, Oct 2013, please contact the agencies and make sure they have included a physical copy of the Form 1273 in the contracts. Let me know if there are any problems. Thank you.
Below is an email MTC sent to its agencies which contains the information you need to know about Form 1273.
Feel free to contact us if you have any questions.
“This notice is to remind local public agencies with FHWA-administered federal-aid transportation funding that federal form 1273 must be physically incorporated into construction contracts.
FHWA recently conducted an audit review and found that many local public agencies are not physically including FHWA Form 1273 in federal-aid construction contracts. Failure to physically include the form in the construction contract is a significant oversight, and could result in a Federal-Aid Ineligibility Notification (FIN).
As required by FHWA:
“Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).”
For further information, refer to Form 1273 itself (see link below), the FHWA Contract Administration Information web page regarding Form 1273 (link below), and Caltrans Office Bulletin DLA-OB 12-05, issued July 31, 2012 (link below)
FHWA – Form 1273
FHWA – Contract Administration Information page regarding Information page for From 1273
Caltrans Division of Local Assistance – Office Bulletin