Gail Lee Highway Utility Engineer INDOT February 1 2017 What is Buy America Buy America comprises the requirements to utility work accomplished as part of a Federalaid highway programFAHP funded project as defined by the National Environmental Protection Act NEPA ID: 775935
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Slide1
Buy America and Utility Work
Gail Lee
Highway Utility Engineer,
INDOT
February 1, 2017
Slide2What is Buy America?
Buy America
comprises the requirements to utility work accomplished as part of a Federal-aid highway program(FAHP) funded project as defined by the National Environmental Protection Act (NEPA).
Slide3BUY AMERICA REGULATIONS
Federal Codes
23 U.S.C 313
23CFR 635 410
23 CFR 645.203
49 US CODE 5323j
INDIANA CODE
IC 5-16-8-1
Slide4Buy America vs Buy American
Buy America
Buy American
Slide5What is covered under Buy America?
“Predominantly”
Iron and steel products and materials
Permanently incorporated into Federal Aid Funded projects
Slide6“Made in America” means ?
A. 90% or more iron or steel
B. 50% or more iron and steel
C. What ever is decided by the utility coordinator to be predominantly iron or steel on a case by case basis
Slide7“ C ” is the correct answer
A court case ruled that 90% was arbitrary and could not longer be used to define predominantly iron or steel
Logic deems that predominantly cannot be less than 50%
The utility coordinator must decide on a case by case basis
Slide8Minimum Threshold to apply BA
Whichever of the following is greater:
$2,500.00
total amount of iron and steel products as delivered to the project
0.1%
of the total contract amount
Slide9Individually, Lotsa Power CO and Roaring Water CO
Have not used more than $2,500 worth of foreign steel each AND
Individually,
Lotsa
Power and Roaring Water ‘s Power’s use of foreign steel does not exceed 0.1% of the total contract amount
However, together they used $4,750.00 of foreign steel.
Has the threshold amount been exceeded?
Slide10YES
“ A state DOT must track the amount of incorporated foreign steel and iron as the work proceeds to ensure that the minimal use threshold amount is not exceeded at any point in the contract ( 0.1% of the total contract amount or $2,500.00 whichever is greater).
Slide11TEMPORARY CONSTRUCTION?
NO
Slide12TEMPORARY CONSTRUCTION?
NO
Slide13Domestic Steel Leaves the Country
USA Abroad to Manufacture
Slide14Steel is purchase abroad and brought to US
TO USA Foreign Steel For Fabrication
Slide15Recycled Steel
Recycled Steel is not covered under Buy America
Slide16Reimbursable Utilities
If a utility is reimbursable under federal and Indiana law, but chooses not to be reimbursed, are they bound to comply with Buy America?
Slide17Coatings
Buy America applies to Coatings of iron and steel
Slide18Galvanizing
Buy America applies to the galvanizing of steel
Slide19Welding
Buy America Applies to welding of iron and steel
Slide20Certification
Use the INDOT Buy America Form Found on INDOT public site
http://
www.in.gov/indot/3269.htm
Slide21INDOT Utility Buy America Certificate
Slide22What is Step Certification?
“ A step certification is a process under which each handler (supplier, fabricator, manufacturer, processor etc.) of the iron and steel products certifies that their step in the process was domestically performed.”
Slide23Step Certification for utilities
1. The iron or steel product manufacturer signs a certification
2. The utility signs a certification that states that the materials and manufacturing were done in the United
S
tates
Slide24Who receives the Buy America Cert?
The utility gives the cert to the Utility coordinator
The utility coordinator gives the cert to INDOT construction even for LPA projects.
Slide25What about a Waiver?
The utility may request a waiver.
On the utility’s behalf, INDOT may submit a request for a waiver to the FHWA Indiana Division Office.
The FHWA Division office will forward the request to the FHWA Office of Program Administration.
Slide26QUESTIONS
?