Chapter 46 - Local Agency Construction Contract Advertising and Award Procedures

Sep 16, 2026

Uploaded by Rhys

Guidance covers when and how local agencies may advertise and award their own construction contracts under Certification Acceptance. It sets prerequisites such as PS&E approval, environmental document approval, right-of-way certification, training and DBE/FSBE goal establishment, authorized construction funds, FHWA authorization in FMIS, and Region concurrence. Procedures address funding authorization, restrictions on bidder qualification/licensing requirements, FHWA prequalification conditions, minimum evaluation criteria, allowable/forbidden qualification considerations, and nondiscriminatory bidding and surety/insurance rules, plus project proposal and advertising timelines.

LanguageEnglish

CategoryForms

FormatPDF

Pages14

Reading Time5 min

AccessFree to download

46.1 General Discussion

46.2 Procedures

.21 Funding

.22 Bidding Procedures

.23 Preparation of the Project Proposal

.24 Advertising of the Project

This chapter is used by local agencies operating under Certification Acceptance (Chapter 13) and choosing to advertise and award construction contracts themselves. Chapter 52 will also apply to these agencies. Local agencies wanting to have the Washington State Department of Transportation (WSDOT) administer their construction contracts should refer to Chapter 51. 46.1 General Discussion Local agencies may let contracts for their projects provided that the following conditions are met: .11 The local agency uses the advertising and award procedures outlined in this section to advertise for bids, select the responsible bidder with the lowest responsive bid, and award the contract. .12 A Local Agency Agreement between the state and local agency is in effect setting forth the conditions under which the project will be constructed. .13 The local agency is participating in the cost of the project or has other special interests in it. .14 The local agency is certified for project administration in accordance with Chapter 13. No project can be advertised until the following items have been completed: • PS&E has been approved by Region LPE. • The environmental documents are approved by HQ LP Environmental. • The project’s right of way has been certified. • Project Training goals and Disadvantaged Business Enterprise (DBE) or Federal Small Business Enterprise (FSBE) are established. • Construction funds have been authorized by Local Programs. • A contract number has been obtained from the Region Local Programs Engineer. • FHWA has authorized the project in FMIS. • The Region Local Programs Engineer has concurred with advertising the project. 46 .2 Procedures .21 Funding – Local Agency Agreement and construction funds must be authorized by the Local Programs before a contract is advertised. .22 Bidding Procedures – The local agency is prohibited from establishing any procedures or requirements for qualification or licensing of contractors, which prevents the submission of bids or prohibits consideration of bids submitted by any responsible contractor, whether resident or nonresident of the state, except as outlined. The prequalification of prospective bidders must be approved by FHWA prior to use. If the agency is approved to prequalify prospective bidders, they shall afford a minimum of twenty calendar days after notification for the low bidder to provide evidence of capability to perform the work. When approved to utilize WSDOT Local Agency Guidelines M 36-63.43 Page 46-1 December 2024 prequalification requirement, the evaluation process of whether or not the Bidder is qualified to perform the work, the following information may be considered: • Experience • Personnel • Equipment • Financial Resources Qualifications must, at a minimum, consist of bonding capability as required by state law and compliance with licensing requirements of state law. The local agency may include additional requirements only with HQLP approval. Some of the items that may not be included in the consideration are, • Past Performance • Past Contract Issues (such as, timely completion, change orders, protests, disputes, and claims) • Performance on current contracts • Agency opinions or reviews When the DBE participation goal is included in the contract provisions, meeting the goal is part of the bidding requirements, as explained in Chapter 26 and Chapter 44 . For all FHWA projects, bidding opportunities, on a nondiscriminatory basis, shall be afforded to all qualified bidders regardless of state boundaries, race, sex, color, or national origin. No bidder shall be disqualified or prevented from competitive bidding by restricting the purchase of a surety bond or insurance policy from any surety or insurer outside the state and authorized to do business with the state. .23 Preparation of the Project Proposal – See WSDOT Standard Specifications, WSDOT GSP, and APWA GSP Section 1.02.6 as ap

FAQs

When can a local agency advertise a construction project?

A project cannot be advertised until PS&E is approved, environmental documents are approved, right of way is certified, training and DBE/FSBE goals are established, construction funds are authorized, a contract number is obtained, FHWA authorized the project in FMIS, and the Region Local Programs Engineer concurred with advertising.

What are the funding requirements before advertising?

Local Programs must authorize the Local Agency Agreement and construction funds before any contract is advertised.

How long must federal aid projects be advertised before opening bids?

Federal aid projects must be advertised for three weeks, including at least two weekly ads in the local agency’s official legal publication, 21 calendar days before the last bid submission date. Shorter periods may be approved in special cases if justified and documented.

Sep 16, 2026

Uploaded by Rhys