Office Bulletin #22-05 previously published in August 2022 has been revised to incorporate the following changes into the Local Assistance Procedures Manual (LAPM) as a result of the July 5, 2022 update to Form FHWA-1273:
- Davis-Bacon Act: Section 12.8 and Exhibits 12-D & 12-E of the LAPM
- The revised Form FHWA-1273 included significant changes to the applicability of the Davis-Bacon and Related Acts. Under the revised FHWA-1273, projects located outside the federal-aid system may be treated as federal-aid if applicable laws require them to be treated as located in the federal-aid system because of funding sources. Applicability of the Davis-Bacon Act is no longer exclusively based on location, but based on location and funding sources.
- Use of Local Hiring Preference: LAPM Chapter 12.8
- Though this topic is not discussed in Form FHWA-1273, this section has been updated since the Infrastructure Investment and Jobs Act (IIJA) allows local agencies to implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project.
- Use of United States-Flag Vessels (Cargo Preference Act): LAPM Chapter 12.8 and Exhibits 12-D & 12-G
- The updated FHWA-1273 now includes a clause requiring compliance with the Cargo Preference Act of 1954. LPAs are no longer required to insert the separate contract clause in federally-funded construction contracts.
All the updated exhibits are posted along with this Office Bulletin at the DLA website. Updated LAPM Chapter language will be incorporated in the January 2023 publication.
To access the revised Office Bulletin 22-05R dated November 2022 please refer to the following link:
https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/ob/2022/ob22-05r.pdf
Questions
Contact Caltrans Division of Local Assistance Kitae.Nam@dot.ca.gov or Tanzeeba.Kishwar@dot.ca.gov.
Please see original DLA Blog post Office Bulletin #22-05 for additional details.