Since the MITA BABA Industry Review bulletin sent to the membership on September 18th, 2025, MDOT has worked with FHWA to re-establish a de-minimis clause. FHWA’s position is that any de-minimis amount is based on all projects/contracts included in any one National Environmental Policy Act (NEPA) review/decision. Therefore, effective with the December letting, the following special provisions will be in use for BABA compliance:
20SP-105C-02 Domestic Materials
20SP-105D-01 Domestic Materials, Multiple Contracts under National Environmental Policy Act Decision
20TM105(A435)* De-Minimis Calculation for Domestic Materials, Multiple Contracts under National Environmental Policy Act Decision
*Unique Special Provision
The FUSP 105C will be used in contracts with a single contract under the NEPA decision. The FUSP 105D will be used with contracts with more than one contract under the NEPA decision and will require the use of the template Special Provision for De-Minimis Calculation for Domestic Materials, Multiple Contracts Under National Environmental Policy Act Decision. MDOT will determine the cap for the allowable non-compliant materials (de-minimis) allowed in each contract and include that amount in the De-Minimis Calculation for Domestic Materials, Multiple Contracts Under National Environmental Policy Act Decision Unique SP.
If you have any questions, please contact a member of the MITA engineering team:
Rachelle VanDeventer | rachellevandeventer@thinkmita.org
Jeremiah Leyba | jeremiahleyba@thinkmita.org
They can also be reached by phone at the MITA office: 517-347-8336.
