MITA’s efforts to positively improve the interpretation of Buy America requirements have impacted the recently released MDOT Special Provision for Source of Steel and Iron (Buy America) (SP) (click here).
This recently released SP will be incorporated into the January 11, 2013 letting via addendum.
At the request of MITA, MDOT will develop instructions for project engineers to incorporate this new SP into any previously let project as well via contract modification.
Therefore, this SP will not only positively affect future projects but will also have positive impact on any current project, retroactively.
The new SP mimics the December 21, 2012 clarification memorandum from the FHWA headquarters in Washington D.C. This memorandum provides specific examples of products that are subject to Buy America coverage and perhaps more importantly, it states that miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct products and components (or manufactured products that are not predominantly (90 percent) steel or iron) are not subject to Buy America coverage. Examples of those that are not covered include, but are not limited to, cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, faucets, door hinges, etc. Click here for a copy of the FHWA clarification memo.
Similar to the process implemented in the 2012 construction season, this SP requires step certification for all steel and iron related pay items, materials, products, and components that are specified on the MDOT website (click here). A significant improvement now however is that step certification is not required for the miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construction those items.
For items that have been identified by MDOT as being fully compliant with the Buy America requirements, contractors are only required to provide a bill of lading, product label, or shipping record and are not required to provide step certification. To view the MDOT list of approved manufacturers and tested stock suppliers for fully compliant items click here.
This new SP for Buy America incorporates the “reasonableness” MITA aggressively sought and significantly resolves many of the concerns raised by MITA members. MITA will continue to stay involved in the evolution of the Buy America requirements to ensure its enforcement is consistent with the latest interpretation.
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.
