Minnesota Department of Transportation

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Special Provisions

Federal requirements

MnDOT receives federal funding for highway construction projects through the Federal-aid Highway Program (FAHP). As a condition of receiving this funding, MnDOT must design, let, and construct projects that meet criteria established by Congress and FHWA. See Federal-aid/Federal fund Construction Contract Requirements (Word) for a summary of these requirements.

The roles and responsibilities of FHWA and MnDOT with respect to project approvals and related responsibilities and the methods of oversight which will be used to efficiently and effectively deliver the Federal Aid Highway Program are documented in the FHWA Stewardship and Oversight Agreement (PDF) and FHWA-MnDOT Memorandum of Understanding (PDF).

Requesting and approving deviations

Allowable deviations are listed in the Deviation Request form.

Guidelines for requesting and approving deviations are provided in the documents above. Download the Excel document and fill out the appropriate form for the deviation being requested. Use a separate form for each deviation.

If a deviation is covered by an active statewide form, simply verify that the form is applicable to the work being performed and that it has not expired prior to relying on it. While a project-specific PIF is not required, the district must archive a copy of each statewide form used in the project file. Additionally, districts must notify the Special Provisions Unit by indicating each use on the project submittal memo so that an accurate list of projects can be maintained.

Active statewide PIFs

Email the PIF request to specprov.dot@state.mn.us. For questions or comments about the PIF process, contact Thomas Klevan.

Force account

Force account is an alternative to hiring a contractor that involves a public agency or utility performing the work themselves where the force account will be federally funded. FHWA will not participate in the costs for this work unless it is shown to be more cost effective than hiring a contractor to do the work. A CEF is only required where the force account will be at least partially federally funded.

Cost Effectiveness Finding Process for Force Account

  1. Verify whether the work is eligible for federal reimbursement;
  2. Determine whether it is more cost effective for the agency to do the work themselves;
  3. Fill out and submit the cost effectiveness finding;
  4. Notify the Special Provisions Unit that a federal authorization request for force account needs to be submitted to FHWA.

For additional information on federally-funded force account, see FHWA Policy on Agency Force Account Use (5060.1) - Resources | Federal Highway Administration.

Local Agency Deviations on State-Let Contracts

MnDOT is responsible for deviations on state-let construction contracts. Where a local agency proposes a federally-funded deviation, they must request the deviation in writing (through a memo or email) from the district. This request should outline the need and justification for the deviation. The district will then prepare the deviation PIF and submit it for approval.

Local agency materials are required to meet Buy America requirements (meeting American Iron & Steel requirements is not a substitute for Buy America).

In addition to the standard supporting information, a PIF/CEF with a local agency deviation should include a reference to the cooperative agreement for the work.

Early procurement of materials for federally funded projects

Two project specific PIFs are required for early procurement of materials. The first is for the early procurement contract and a second is needed for providing and installing the material during construction.

While early procurement contracts are set up with state funds, they must meet federal requirements to be installed on the project later. Project specific materials furnished to the Contractor must be procured through competitive bidding, unless there is a PIF for another approved procurement method, and meet the following requirements:

  • Work is included in the scope of an Approved NEPA document.
  • Have a roadway plan title sheet denoting the material being procured and the federal project number.
  • The federal project number will not appear on the Bridge Plan title sheet.
  • Be authorized by FHWA prior to advertising.
  • Include Buy America requirements in both contracts.
  • Comply with Prohibition on Use of In-State Preferences (see 23 USC 112, 23 CFR 635.112, and 23 CFR 635.409).
  • Not include Patented or Proprietary Items for traffic control items (see Manual on Uniform Traffic Control Devices (MUTCD) page I-1.

Key points to consider during project development

  • Environmental documents must be publicly accessible and used as the basis for determining the scope of work that is eligible for federal funding. Unless we have a Statewide contract to purchase products/materials for incorporation in any project, NEPA needs to be complete prior to purchase.
  • Environmental commitments must be addressed in the construction plans and special provisions.
  • Construction contracts must be awarded using a competitive contracting method with allowances for other options only in special circumstances.
  • Public agencies are not permitted to bid in competition with private enterprise
  • Buy America requirements apply to all federal aid construction contracts.
  • Form FHWA-1273 (PDF) must be included in construction contract and all subconsultant contracts.
  • Material furnished by public agency for a Project could fall under any one of three different deviations:
    • Furnishing material that is temporary may qualify as publicly-furnished equipment.
    • Furnishing material to the Contractor that will be permanently incorporated into the Work will be considered publicly-furnished material.
    • Furnishing material as part of public agency force account work will be included as part of the force account deviation.

Right-of-way public interest findings

Right-of-way PIFs are processed by the Office of Land Management.

If a Right-of-way PIF is required for a project, note it in the submittal memo and include Special Provision (1718) Furnishing Right Of Way in the Division S submitted by the district.