MITA is pleased to let you know that the current Special Provision for Buy America that has caused many problems including loss of productivity, lack of payment, and work stoppage has been revised and replaced with the attached Special Provision for Source of Steel and Iron (Buy America) dated May 31, 2012.
Click here to view the revised Special Provision for Source of Steel and Iron (Buy America).
As previously reported, MITA has and continues to work aggressively with MDOT, FHWA, US-DOT, ARTBA, various state legislatures, and the Michigan U.S. congressional delegation in a effort to bring reasonableness to this federal requirement.
FHWA and MDOT will monitor the effectiveness of this revised special provision and work with MITA between now and November 2012 to facilitate consensus on the certification requirements for Buy America. Therefore, the requirements detailed in the revised special provision (that are effective for the 2012 construction season) may be modified for November 2012 and beyond based on lessons learned.
It is worth noting that the provisions and requirements detailed in the newly released special provision are retroactive and apply to previously let projects that contain the Special Provision for Buy America dated January 27, 2012.
A summary of the major changes to the special provision are:
- Mill test reports, heat numbers, lot numbers are no longer required for certification.
- Step certification is required for all steel and iron related pay items, materials, products, and components specified on the Department website. To view the “Buy America- Pay Items and Materials that Require Step Certification” document click here.
- 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.
- This certification can be as simple as “All “company name” iron manufactured products are melted, poured and manufactured 100% in the United States of America.”
- Step Certification documentation for the pre-defined pay items, materials, products, and/or components is to be submitted to the Engineer in a package covering each step concurrent with material delivery and prior to incorporation into the project.
- The use of foreign steel/iron under the minimal usage amount does not need to be approved by the FHWA. This amount is not considered a waiver to the Buy America requirements. A de-minimus amount can be approved by the managing office. The following documentation must be provided by the contractor to verify this value and placed in the project files to ensure that the threshold is not exceeded.
- Pay Item
- Description of associated foreign steel/iron material, product, or component
- Cost of associated foreign steel/iron material, product or component
- Cumulative list of items with the total dollar amount
MITA feels that these changes are a big improvement to the previously issued SP and should help ease the compliance efforts for this construction season.
MITA takes Buy America Concerns to Washington D.C.
As part of MITA’s continued aggressive efforts in pursuing reasonable resolutions to industry’s concerns with the Buy America requirements, MITA has taken the discussion to Washington D.C. MITA staff initiated a series of meetings on May 29th and 30th with ARTBA and FHWA to discuss the “Michigan Buy America experiences”, and to learn more about what is transpiring relative to Buy America in other states. In preparation for those meetings MITA developed a white paper on the Buy America concerns and issues that is being circulated within ARTBA, FHWA, and congressional offices. Click here view MITA’s white paper.
If you have any questions, or you have problems or issues that arise relative to Buy America requirements, please contact Glenn Bukoski or Doug Needham at the MITA office at 517-347-8336 or by email at glennbukoski@mi-ita.com or douglasneedham@mi-ita.com.
