FHWA NOTES ACTIVITIES IN BID RIGGING ARENA, APPLICATION OF "DAVIS-BACON" AND COURT OF CLAIMS REORGANIZATION

Because many bid rigging cases involve Federal-aid contracts, the Federal government has been carrying on its own investigations in cooperation with the affected states, mostly in the south and midwest. So far, the Department of Justice investigations have been active in 17 states. There is every indication that the investigation will spread to others. The FHWA has interpreted 23 United States Code Section113 to mean that "Davis-Bacon" wage rates will not be incorporated in post-interstate construction "4R" project contracts, except for those projects that provide for new constructional then only where the new construction elements represent at least 50 percent of the cost of the total project. Formerly, disputes between states and the federal government over federal participation in contract claims were adjudicated in the United States Court of Claims which had both trial and appellate functions. Under the Federal Courts Improvement Act of 1982, the appellate functions will be handled by the United States Court of Appeals for the Federal Circuit, and the trial functions will be performed by the United States Claim Court.

• Corporate Authors:

  Transportation Research Board

  A4005: Committee on Contract Law
  Washington, DC  United States  20418
• Authors:
  • Dann, J R
• Publication Date: 1982-7

Media Info

• Pagination: p. 56-58
• Serial:
  • Public Construction Contracts Law Newsletter
  • Volume: 6
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Arbitration; Bid rigging; Contracts; Court operations; Crash investigation; Employee compensation; Federal government; Laws; State government; Studies
• Identifier Terms: Federal Aid Highway Act
• Geographic Terms: United States
• Old TRIS Terms: Federal court rules
• Subject Areas: Administration and Management; Highways; Law; Operations and Traffic Management; Safety and Human Factors; I73: Traffic Control;

Filing Info

• Accession Number: 00388772
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Oct 30 1984 12:00AM