As reported in the past, the Buy America reporting criteria that was enforced during the 2012 construction season was a temporary measure. From the day the Special Provision for Source of Steel and Iron (Buy America), dated May 31, 2012, was placed into effect; the FHWA Michigan Division office placed a significant focus on increasing Buy America certification requirements on federally funded projects in Michigan.
“If a magnet sticks to it, step certification is required” was the FHWA direction for increased compliance reporting. MITA caught wind of this direction and lobbied aggressively with MDOT leadership for reasonableness.
What has now transpired is the newly released Special Provision for Source of Steel and Iron (Buy America) dated October 24, 2012. Although, MITA does not consider this a reasonable specification, it is a significant improvement over the initial FHWA directive.
Click here to view the new Special Provision for Source of Steel and Iron (Buy America).
Highlights of the recently released special provision are as follows:
Step Certification
- Step certification is required for all steel and iron related pay items, materials, products, and components as specified on the MDOT website. Step certification is defined as the certification by the respective manufacturer or fabricator for their specific process (step) that the product, material, or component was fabricated, manufactured, and/or processed in the United States.
- Click here for the revised “Buy America – Pay Items and Materials that Require Step Certification (effective for projects in the November 2, 2012, letting and beyond)”
Final Fabricator Certification
- Final fabricator and/or manufacturer certification is required for the materials, products, or components not requiring step certification (unless otherwise stated in the contract).
- Final fabricator and/or manufacturing certification is defined as certification by the last fabricator or manufacturer of the product that all previous processes and materials meet Buy America requirements. Package labeling that states made in the United States or similar language (e.g. providing a city and state) is acceptable as a certification.
Requirements for QPL items
- MDOT has begun to identify items listed on their QPL that are Buy America compliant. Buy America certification for these items do not need to be submitted by the Contractor, but a bill of lading, product label, or shipping record to document that the products are from the respective source is to be provided to the Engineer.
- Buy America certification documentation for items that are partially compliant will be required to be submitted prior to delivery or concurrent with material delivery and prior to incorporation, noting the value of foreign steel/iron.
These new Buy America requirements are in effect with the November 2, 2012 letting.
We remind all contractors of their responsibility to keep track of items that are fully compliant and those that have nominal amount of foreign steel/iron to ensure that the minimal allowance of foreign steel/iron is not exceeded.
If you have any questions or comments contact Glenn Bukoski at glennbukoski@mi-ita.com or Doug Needham at douglasneedham@mi-ita.com or call them at the MITA office at 517-347-8336.
