To: All MITA Members
From: Michael A. Nystrom, Executive Vice President
Date: May 15, 2012
Subject: “New” Buy America Enforcement in Michigan
Many of you are experiencing significant distress in trying to comply with the recently implemented Buy America (BA) requirements placed in federally funded projects let through MDOT. Although the new requirements detailed in the imposed Special Provision for Buy America do not reflect a change in the federal “Buy America” regulations, they do significantly change the product coverage and level of certification now required for compliance. MITA views these changes as drastic and significant compared to previous practices, and beyond the reasonable intent of the federal regulations.
In basic terms, the federal BA regulations (as detailed in section 635.410 of Title 23 of the Code of Federal Regulations) require that permanently incorporated steel or iron materials be manufactured, including application of a coating, in the United States.
MITA is aware that MDOT is now requiring step certification on all steel and iron products including but not limited to wire ties, nails, screws, and even broom/mop holders for rest areas. We do understand that your inability to comply with this level of certification has resulted in multiple projects being shutdown or delayed and payments being withheld on some projects. MITA staff agrees that this depth and level of certification is absurd and unwarranted.
In an effort to bring reasonableness to this irrational situation, MITA has been working aggressively with MDOT staff, including Director Steudle, as well as being in contact with the Division Administrator for the Michigan Division of Federal Highway Administration, the US DOT – FHWA Office of Program Administrator for Buy America, staff at the American Road & Transportation Builders Association (ARTBA), and various state legislators and the Michigan U.S. congressional delegation.
I want to assure you that MITA will continue to diligently pursue amicable resolutions to all of your concerns with the new BA requirements through very aggressive efforts with state and federal officials here in Lansing and in Washington D.C.
Please feel free to contact Glenn Bukoski, Doug Needham or myself with any questions or concerns regarding this overreaching government regulation at 517-347-8336.
