Does the Recovery Act allow for the use of public agency force account work or contracting methods other than competitive bidding?
Section 1554 of the Recovery Act states: “To the maximum extent possible, contracts funded under this Act shall be awarded as fixed-price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526.” This section sets a very high standard for using competitive awards. This standard applies to all projects funded with Recovery Act funds, including those projects located outside the highway right-of-way, such as transportation enhancement projects, that would typically be procured in accordance with State policies and procedures pursuant to 49 CFR 18.36(a). As such, FHWA expects that any non-competitive procedure (including the use of public agency force account) would be very rarely used. If non-competitive procedures are used, the State DOT must document the reasons for using such procedures, and
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