Do Buy America and other federal-aid requirements such as Davis-Bacon and Related Acts (DBRA) apply to emergency contracts?

Yes, FHWA Chief Counsel issued a briefing paper on Jan 27, 1994 reaffirming these requirements apply to all ER contracts, such as ADA, DBE, Davis Bacon, Buy America, etc. The FHWA 1273 and the FDOT Standard Specifications and Standard Indexes are supposed to be included in the contracts. The Standard Specs contain the Buy America requirements. The FHWA Form 1273 and Davis Bacon provisions do not apply to state and local employees performing ER work by force account (actual cost of labor, equipment, and materials).

A public interest finding is not required for emergency work, but is required if state or local employees perform permanent work. Listed below are the basic federal-aid requirements that must be followed for emergency repair projects and permanent restoration projects. These requirements apply to all State and Local Agency contracts for both emergency and permanent restoration types of projects.

These requirements cannot be waived just because there is a State or FEMA ... more.

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