Does FHWAs policy restrict the use of electronic contracting for advertising, receiving bids or awarding contracts?
No. While FHWA’s regulations in 23 CFR Part 635 were written prior to the advent of Internet bidding, there is nothing in these regulations that prohibits Internet bidding. The FHWA supports the use of electronic procedures to advertise, open bids, and award projects as long as the process assures opportunity for free, open, and competitive bidding, including adequate publicity of the advertisements or calls for bids, as required by 23 CFR 634.104(a). • When may Internet-based advertising be used in lieu-of traditional means? Under 23 CFR 635.104(a), the STA “…shall assure opportunity for free, open and competitive bidding, including adequate publicity of the advertisements or calls for bids.” A number of STAs are advertising their projects on the Internet. Where allowed by State policy, Internet-based advertising may be used in lieu of traditional means if the STA can successfully demonstrate to the FHWA Division Administrator that using such means would generate “adequate publicity
