106.9 Buy America Requirement - Revision history

Hoskir: updated

2023-11-14T14:54:05Z

updated

← Older revision		Revision as of 09:54, 14 November 2023
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	Steel and iron materials may be accepted under the AASHTO Product Evaluation & Audit Solutions process.		Steel and iron materials may be accepted under the AASHTO Product Evaluation & Audit Solutions process.

	AASHTO Product Evaluation & Audit Solutions process as outlined ~~[https://transportation.org/product-evaluation-and-audit-solutions/ here]~~. The AASHTO Product Evaluation & Audit Solutions acceptance process can also be used for other Buy America Construction Materials that are AASHTO Product Evaluation & Audit Solutions compliant.		AASHTO Product Evaluation & Audit Solutions process as outlined below. The AASHTO Product Evaluation & Audit Solutions acceptance process can also be used for other Buy America Construction Materials that are AASHTO Product Evaluation & Audit Solutions compliant.

	AASHTO Product Evaluation & Audit Solutions Acceptance:		AASHTO Product Evaluation & Audit Solutions Acceptance:

	The “[https://epg.modot.org/forms/CM/CERTIFICATE_OF_MATERIALS_ORIGIN.pdf Certificate of Materials Origins]” form and supporting documentation required by Sec 106.9.4.2, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801] will not be required for suppliers that are members in good standing with AASHTO Product Evaluation & Audit Solutions. The AASHTO Product Evaluation & Audit Solutions supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials shall be kept on file by the supplier and available upon request.		The “[https://epg.modot.org/forms/CM/CERTIFICATE_OF_MATERIALS_ORIGIN.pdf Certificate of Materials Origins]” form and supporting documentation required by Sec 106.9.4.2, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801], will not be required for suppliers that are members in good standing with AASHTO Product Evaluation & Audit Solutions. The AASHTO Product Evaluation & Audit Solutions supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials shall be kept on file by the supplier and available upon request.

	The use of AASHTO Product Evaluation & Audit Solutions process will be an acceptable standard per 23 CFR 635.410(d). This acceptance will apply to Category 1 and Category 2 items.		The use of AASHTO Product Evaluation & Audit Solutions process will be an acceptable standard per 23 CFR 635.410(d). This acceptance will apply to Category 1 and Category 2 items.

Hoskir: updated per comments

2023-11-13T19:21:41Z

updated per comments

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Hoskir: updated per RR3801

2023-11-08T21:08:17Z

updated per RR3801

Show changes

Hoskir: /* When does Buy America apply to manufactured items? */ updated per RR3720

2023-06-30T13:30:45Z

When does Buy America apply to manufactured items?: updated per RR3720

← Older revision		Revision as of 08:30, 30 June 2023
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	Federal-aid projects requiring steel or iron products that are permanently incorporated into the contract work are to comply with the Buy America Requirements. [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 106.9] provides information regarding the Buy America requirement. Certain projects may not allow the minor usage clause to be invoked. The Resident Engineer should confirm the scope of this specification on any particular project.		Federal-aid projects requiring steel or iron products that are permanently incorporated into the contract work are to comply with the Buy America Requirements. [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 106.9] provides information regarding the Buy America requirement. Certain projects may not allow the minor usage clause to be invoked. The Resident Engineer should confirm the scope of this specification on any particular project.

	==~~When does~~ Buy America ~~apply~~ to manufactured items~~?==~~		==Manufactured items in Buy America==

			See latest Buy America provision in [https://epg.modot.org/forms/JSP/JSP1801.docx JSP1801 - Supplemental Revisions]

			A manufactured product is any product where two or more materials are utilized in a product. This could be the mixing of different materials to make a new material such as concrete. It can also be a manufactured item that incorporates different materials to make a new product. An example would be a window which consists of a wooden frame and glass.

			Currently FHWA has a waiver on manufactured items which exempts manufactured items from the Buy America requirements.

			Manufactured items that consist of steel or iron are not part of the FHWA waiver and must comply with Buy America requirements. There has not been any revised federal guidance on what type of documentation is needed on manufactured items with minor amounts or multiple components of steel and iron.

			Therefore, the previous guidance on partial steel and iron in manufactured items will remain in effect.

	FHWA's guidance, [https://www.fhwa.dot.gov/programadmin/contracts/122297.cfm Buy America policy response Control # HCC-97-070], states “A review of the Congressional Record pages pertaining to this legislation indicate that Congress' primary concern for Section 165 was to protect the domestic steel industry.” Therefore, the determination on when Buy America applies to a manufactured item should keep that in consideration.		FHWA's guidance, [https://www.fhwa.dot.gov/programadmin/contracts/122297.cfm Buy America policy response Control # HCC-97-070], states “A review of the Congressional Record pages pertaining to this legislation indicate that Congress' primary concern for Section 165 was to protect the domestic steel industry.” Therefore, the determination on when Buy America applies to a manufactured item should keep that in consideration.
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	Determining the exact amount of steel and iron in a manufactured product is not practical. Additionally, determining the origin of each of the steel and iron components is not feasible. As a rule of thumb, any manufactured item that is composed of approximately 75% steel or iron is a threshold to begin considering Buy America application. Items such as metal cabinets and steel light poles would be predominantly steel and iron and would be subject to the Buy America guidelines. Most routine items such as traffic cameras, light fixtures, electrical components, etc. would contain minor amounts of steel and iron and therefore Buy America requirements do not apply. If you are unsure contact your liaison engineer for guidance.		Determining the exact amount of steel and iron in a manufactured product is not practical. Additionally, determining the origin of each of the steel and iron components is not feasible. As a rule of thumb, any manufactured item that is composed of approximately 75% steel or iron is a threshold to begin considering Buy America application. Items such as metal cabinets and steel light poles would be predominantly steel and iron and would be subject to the Buy America guidelines. Most routine items such as traffic cameras, light fixtures, electrical components, etc. would contain minor amounts of steel and iron and therefore Buy America requirements do not apply. If you are unsure contact your liaison engineer for guidance.
	~~<div id="The “Certificate of Materials Origins” form"></div>~~
			National Transportation Product Evaluation Program (NTPEP) Acceptance:

	The “Certificate of Materials Origins” form and supporting documentation required by [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction, Section 106.9.3.2] will not be required for suppliers that are members in good standing with [https://ntpep.transportation.org/ AASHTO’s National Transportation Product Evaluation Program (NTPEP)]. The NTPEP supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials shall be kept on file by the supplier and available upon request.		The “Certificate of Materials Origins” form and supporting documentation required by [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction, Section 106.9.3.2] will not be required for suppliers that are members in good standing with [https://ntpep.transportation.org/ AASHTO’s National Transportation Product Evaluation Program (NTPEP)]. The NTPEP supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials shall be kept on file by the supplier and available upon request.

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	Contact the [http://sp/sites/cm/Pages/default.aspx Construction and Materials Division] with questions regarding whether a facility has been audited by NTPEP.		Contact the [http://sp/sites/cm/Pages/default.aspx Construction and Materials Division] with questions regarding whether a facility has been audited by NTPEP.


	[[image:106.18.jpg\|center\|825px]]		[[image:106.18.jpg\|center\|825px]]


	[[category: 106 Control of Material\|106.09]]		[[category: 106 Control of Material\|106.09]]

Kleins1: /* When does Buy America apply to manufactured items? */

2021-08-17T19:36:33Z

When does Buy America apply to manufactured items?

← Older revision		Revision as of 14:36, 17 August 2021
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	Items accepted in this allowance shall be designated on the inspection reports as “NTPEP Audited Source, No Certification Required” in the approved inspection report format.		Items accepted in this allowance shall be designated on the inspection reports as “NTPEP Audited Source, No Certification Required” in the approved inspection report format.

	~~An approved~~ list of ~~these~~ suppliers is available from the [https://ntpep.transportation.org NTPEP website]. The website will provide information on what materials are part of the NTPEP audit program and which facilities have been ~~approved~~ by NTPEP. The website will also indicate the year the facility was ~~approved~~. Instructions on how to access this information is shown below:		A list of audited suppliers is available from the [https://ntpep.transportation.org NTPEP website]. The website will provide information on what materials are part of the NTPEP audit program and which facilities have been audited by NTPEP. The website will also indicate the year the facility was audited. Instructions on how to access this information is shown below:

	'''NTPEP Audited Materials'''		'''NTPEP Audited Materials'''
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	:Step 4: Select "Construction" located in the middle of the page.		:Step 4: Select "Construction" located in the middle of the page.

	'''NTPEP ~~Approved~~ Facilities'''		'''NTPEP Audited Facilities'''
	:Step 1: Access the NTPEP website.		:Step 1: Access the NTPEP website.
	:Step 2: From the home page, select "NTPEP DataMine" located on the left side of the page.		:Step 2: From the home page, select "NTPEP DataMine" located on the left side of the page.
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	Review the [https://www.modot.org/missouri-standard-specifications-highway-construction Standard Specifications] to determine the proper Product Specification to select for review.		Review the [https://www.modot.org/missouri-standard-specifications-highway-construction Standard Specifications] to determine the proper Product Specification to select for review.

	Contact the [http://sp/sites/cm/Pages/default.aspx Construction and Materials Division] with questions regarding whether a facility has ~~received~~ NTPEP ~~approval~~.		Contact the [http://sp/sites/cm/Pages/default.aspx Construction and Materials Division] with questions regarding whether a facility has been audited by NTPEP.

Smithk: /* When does Buy America apply to manufactured items? */

2021-07-29T13:47:23Z

When does Buy America apply to manufactured items?

← Older revision		Revision as of 08:47, 29 July 2021
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	'''NTPEP Audited Materials'''		'''NTPEP Audited Materials'''
	:Step 1: Access the NTPEP website		:Step 1: Access the NTPEP website
	:Step 2: From the home page select ~~‘NTPEP DataMine’~~ located on the left side of the page.		:Step 2: From the home page select "NTPEP DataMine" located on the left side of the page.
	:Step 3: Select "View Data", the second choice listed.		:Step 3: Select "View Data", the second choice listed.
	:Step 4: Select "Construction" located in the middle of the page.		:Step 4: Select "Construction" located in the middle of the page.

Smithk: /* When does Buy America apply to manufactured items? */

2021-07-29T13:45:48Z

When does Buy America apply to manufactured items?

← Older revision		Revision as of 08:45, 29 July 2021
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	:• ASTM A706 – Deformed and Plain Low-Alloy Steel Bars for Concrete Reinforcement [AASHTO M31]		:• ASTM A706 – Deformed and Plain Low-Alloy Steel Bars for Concrete Reinforcement [AASHTO M31]
	:• ASTM A996 – Rail-Steel and Axle-Steel Deformed Bars for Concrete Reinforcement		:• ASTM A996 – Rail-Steel and Axle-Steel Deformed Bars for Concrete Reinforcement
	:• AASHTO M227 Steel Bars, Carbon, Merchant Quality, Mechanical Properties		:• AASHTO M227 – Steel Bars, Carbon, Merchant Quality, Mechanical Properties
	:• ASTM A1064 – Carbon-Steel Wire and Welded Wire Reinforcement, Plain and Deformed, for Concrete [AASHTO M336]		:• ASTM A1064 – Carbon-Steel Wire and Welded Wire Reinforcement, Plain and Deformed, for Concrete [AASHTO M336]
	:• ASTM A995 – Castings, Austenitic-Ferritic (Duplex) Stainless Steel, for Pressure-Containing Parts		:• ASTM A995 – Castings, Austenitic-Ferritic (Duplex) Stainless Steel, for Pressure-Containing Parts

Smithk: /* When does Buy America apply to manufactured items? */

2021-07-29T13:45:07Z

When does Buy America apply to manufactured items?

← Older revision		Revision as of 08:45, 29 July 2021
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	:::- Manufacturer		:::- Manufacturer
	:::- Facility Locations		:::- Facility Locations
	:::- Product Type (e.g. rebar, wire, welded wire fabric, etc.)		:::- Product Type (e.g., rebar, wire, welded wire fabric, etc.)
	:::- Product Specification (e.g. ASTM A615, ASTM A706, etc.).		:::- Product Specification (e.g., ASTM A615, ASTM A706, etc.).

	When reviewing reinforcing steel and wire, the following Product Specifications are currently available for selection. Please note the AASHTO equivalent for the ASTM specification is shown in brackets.		When reviewing reinforcing steel and wire, the following Product Specifications are currently available for selection. Please note the AASHTO equivalent for the ASTM specification is shown in brackets.

Smithk: Per CM, revision expands the NTPEP compliance for Buy America.

2021-07-29T13:36:55Z

Per CM, revision expands the NTPEP compliance for Buy America.

@@ Line 11: / Line 11: @@
 Determining the exact amount of steel and iron in a manufactured product is not practical.  Additionally, determining the origin of each of the steel and iron components is not feasible.  As a rule of thumb, any manufactured item that is composed of approximately 75% steel or iron is a threshold to begin considering Buy America application. Items such as metal cabinets and steel light poles would be predominantly steel and iron and would be subject to the Buy America guidelines.  Most routine items such as traffic cameras, light fixtures, electrical components, etc. would contain minor amounts of steel and iron and therefore Buy America requirements do not apply. If you are unsure contact your liaison engineer for guidance.
-<div id="As of March 1, 2021"></div>
+<div id="The “Certificate of Materials Origins” form"></div>
-As of March 1, 2021, the “Certificate of Materials Origins” form and supporting documentation required by [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction, Section 106.9.3.2] for Category 2 Guardrail items, will not be required for suppliers that are members in good standing with [https://ntpep.transportation.org/ AASHTO’s National Transportation Product Evaluation Program (NTPEP)]. An approved list of these suppliers is available in the Materials Qualified Lists – [https://www.modot.org/media/29790 Qualified NTPEP Audited Guardrail Fabricators FS-1040 Table 11]. Although the supplier does not have to submit the material of origin form, this form should be kept on file by the supplier and available upon request.
+The “Certificate of Materials Origins” form and supporting documentation required by [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction, Section 106.9.3.2] will not be required for suppliers that are members in good standing with [https://ntpep.transportation.org/ AASHTO’s National Transportation Product Evaluation Program (NTPEP)]. The NTPEP supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials  shall be kept on file by the supplier and available upon request.
-Category 2 Guardrail items accepted in this allowance shall be designated on the inspection reports as “NTPEP Audited Source, No Certification Required” in the approved inspection report format.
+The use of AASHTO NTPEP will be an acceptable standard per 23 CFR 635.410(d). This acceptance will apply to Category 1 and Category 2 items.

Smithk: Per CM, added guidance to utilize NTPEP compliance that AASHTO already has in place for programmatic acceptance of Buy America. It significantly reduces paperwork and effort from suppliers, contractors, MoDOT and FHWA.

2021-02-25T16:48:14Z

Per CM, added guidance to utilize NTPEP compliance that AASHTO already has in place for programmatic acceptance of Buy America. It significantly reduces paperwork and effort from suppliers, contractors, MoDOT and FHWA.

← Older revision		Revision as of 11:48, 25 February 2021
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	Determining the exact amount of steel and iron in a manufactured product is not practical. Additionally, determining the origin of each of the steel and iron components is not feasible. As a rule of thumb, any manufactured item that is composed of approximately 75% steel or iron is a threshold to begin considering Buy America application. Items such as metal cabinets and steel light poles would be predominantly steel and iron and would be subject to the Buy America guidelines. Most routine items such as traffic cameras, light fixtures, electrical components, etc. would contain minor amounts of steel and iron and therefore Buy America requirements do not apply. If you are unsure contact your liaison engineer for guidance.		Determining the exact amount of steel and iron in a manufactured product is not practical. Additionally, determining the origin of each of the steel and iron components is not feasible. As a rule of thumb, any manufactured item that is composed of approximately 75% steel or iron is a threshold to begin considering Buy America application. Items such as metal cabinets and steel light poles would be predominantly steel and iron and would be subject to the Buy America guidelines. Most routine items such as traffic cameras, light fixtures, electrical components, etc. would contain minor amounts of steel and iron and therefore Buy America requirements do not apply. If you are unsure contact your liaison engineer for guidance.
			<div id="As of March 1, 2021"></div>
			As of March 1, 2021, the “Certificate of Materials Origins” form and supporting documentation required by [https://www.modot.org/missouri-standard-specifications-highway-construction Missouri Standard Specifications for Highway Construction, Section 106.9.3.2] for Category 2 Guardrail items, will not be required for suppliers that are members in good standing with [https://ntpep.transportation.org/ AASHTO’s National Transportation Product Evaluation Program (NTPEP)]. An approved list of these suppliers is available in the Materials Qualified Lists – [https://www.modot.org/media/29790 Qualified NTPEP Audited Guardrail Fabricators FS-1040 Table 11]. Although the supplier does not have to submit the material of origin form, this form should be kept on file by the supplier and available upon request.

			Category 2 Guardrail items accepted in this allowance shall be designated on the inspection reports as “NTPEP Audited Source, No Certification Required” in the approved inspection report format.


	[[image:106.18.jpg\|center\|825px]]		[[image:106.18.jpg\|center\|825px]]