Buy America

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Buy America

• Montana Department of Transportation

Pat Ernst Anson Moffett Construction
Engineering Services Materials
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• Originated in the Surface Trans Asst Act of 1982
  passed by Congress.
• Applies only to Federal-aid highway construction
  program
• Originally applied to steel and cement and
  manufactured products
• Congress clarified to include iron and coating as
  a manufacturing process in 1991

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• All manufacturing processes, including coating,
  must occur in the US
• State must have standard contract provision
  requiring domestic steel and iron

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What is manufacturing?

• Any process that modifies the chemical content
  physical shape or size or final finish.
• Includes initial melting and mixing (smelting)
  through the bending and coating stages. Also
  includes rolling, extruding, machining, grinding,
  and drilling.
• Foreign source steel billets are not allowed

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Waiver ?

• Must be requested by state to FHWA
• Must be in public interest (PIF)
• Show domestic materials are not produced in the
  US in sufficient and reasonably available
  quantities.
• Current nationwide waivers for pig iron raw
  alloys, and processed, pelletized, and reduced
  iron ore granted in 1995.

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NAFTA

• Does not apply to Buy America
• Specific exemption in NAFTA for grant programs
  such as Federal-aid
• GATT and EEC agreements do not apply either

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Domestic Materials (Steel)

• Code of Federal Regulations Highways 23
• MDT Requirements.
• Special Provision
• Standard Specifications for Road Bridge
  Construction 1995 2006 Edition. 106.09.
• Section 106.03 Certificate of Compliance.

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Domestic Materials (Steel)

• Manufactured in the U.S.A
• Foreign Materials are allowed if the price
• is 1/10th of 1 or 2500.00 which ever is
• greater including freight.
• Letter of permission is required from the
  Materials Engineer or the Bridge Engineer
  depending on usage.
• Aluminum is not covered under Buy America.

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Domestic Materials Section 106.09
Mill test reports (MTR's) are required to ensure

• Material Grade
• Country of Origin
• Chemical and Physical Analysis
• Tracking of (Heat Numbers)
• Confirmation from the mill smelting the ore is
  the only way to ensure documentation properly
  corresponds with the material provided.

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Domestic Materials Section 106.09

• The smelter reduces iron ore/pig iron,slab or
  recycled steel then processes the material into
  useable form.
• The smelter or manufacture provides the
  appropriate mill test report.
• Mill test reports may not be reproduced by a
  supplier for incorporation into a MDT project.
• This document would be a certificate of
  compliance.
• Mill test report must be legible.

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Special Provisions

• Special Provisions requires a Form 406 or 407 be
  submitted 5 days prior to incorporation into the
  project.
• Form 406 or 407 must be signed by the Prime
  Contactor.
• Forms are available on the Construction Bureau
  web site under the link for Contractors forms.

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Submit all required documentation with this form.
See the back of this form for general guidance
on Buy America documentation. Refer to MT 601
for sampling testing requirements. Contractors
Statement of Certification Domestic Material. I
hereby certify that all manufacturing processes,
including application of coating, occurred in the
United States for the above listed materials and
that those materials do meet all other
requirements as set forth in the plans and
specifications.   Non-Domestic Material. I
hereby certify that the above listed materials do
meet the requirements as set forth in the plans
and specifications with the exception that all or
part of the manufacturing process may have
occurred outside the United States. The material
is considered non-domestic. The cost of this
material, including delivery to the project, is
__________.   By Title
(Prime Contractors Name, Typed or Printed)
Date
Prime Contractors Signature
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Section 106.03Certificate of Compliance
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Certificate of Compliance Section 106.03

• Certificates of compliance sometimes referred
  to as (C of C) may be as simple as a letter from
  the supplier stating that the Materials provided
  comply with the contract documents for a specific
  MDT project and signed. The price of the supplied
  items must be within the Buy America requirements.

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Certificate of Compliance Section 106.03

• The Certificate of Compliance (C of C) may be as
  complicated as a listing of all metallurgical
  aspects that are being provided for the material.
• The letter is provided on company letterhead with
  phone numbers and addresses to check the source.

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Certificate of Compliance Section 106.03

• A bill of lading is not a (C of C) neither is a
  packing slip with a bar code on it.
• In the event confirmation of material provided on
  the certificate of compliance cannot be
  established the material will be rejected.

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Certificate of Compliance Section 106.03

• Printed or stamped on the (C of C) must be the
  domestic material phrase (we certify the material
  provided was melted/smelted and manufactured in
  the U.S.A) or a similar statement.
• C of C must be legible.

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Complete Conformance Cert

• Signature
• Statement of Certification
• Company Address
• Attributes of the test are detailed in the
  standards
• Steel items will have a domestic material
  statement

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Certification Statement
Certification Statement I certify...
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Incomplete Compliance
Heat Numbers
Incomplete Conformance Data
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Complete Documentation

• Brokers Test Data
• Heat Numbers Supplied
• Paperwork Matches Mill Data

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Complete Documentation

• Brokers Test Data

Brokers Test Data With Mill Certification
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Complete Documentation

• Brokers Test Data
• Heat Numbers Supplied
• Paperwork Matches Mill Data

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Manufactured in the U.S.A

• Manufactured Has Been Used by Suppliers (Brokers)
  to Infer the Item Is of Domestic Origin.
• This Is Not the Case.
• The Only Source That Is Acceptable to Claim
  Domestic Material Compliance Is From the
  Smelter/Steel Mill.

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Certification - No Signature
Test is Not Accepted No statement of made in
the USA. Certificate is Not Signed
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Foreign Certificate Example
Test Sheet not in English
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Double Switch
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Double Switch
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Double Switch
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Double Switch

• Data Not Consistent
• Non-Domestic?
• USA?

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Read the Paperwork
Paperwork from a US Smelter.
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Read the Paperwork
Not all Heat Numbers are Domestic Steel
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Foreign Materials
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Foreign Materials
We must have the following to consider the
request

• FAP project number and name.
• Item or piece number.
• Drawing reference.
• Quantity.
• Cost including delivery to the project.

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Foreign Materials

• Written Authorization Bridge Engineer, Materials
  Engineer or their Agent for the Use of Foreign
  Material is Required.

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Follow the Paperwork
MDTs Acceptance Letter
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Follow the Paper Work
MDT Issue Acceptance on

• Heat Number
• Mill
• Supplier
• Project Use
• Cost

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Follow the Paperwork
MDTs Acceptance Letter
Broker Certification Letter
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Follow the Paper Work

• Steel Broker Sends
• Test Report
• Requests Acceptance
• Report Includes Heat Numbers and Steel Testing
  Data

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Follow the Paperwork
MDTs Acceptance Letter
Broker Certification Letter
Mill Certification Test Report
Chinese
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Follow the Paper Work

• Request is not Complete
• Brokers Test Report Dose Not Have Mill Test
• (Required from the Mill Only)
• Must Include Heat or Lot Numbers

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Foreign Certificate Example
Missing Heat Numbers
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Components Inspection
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Components Inspection
Bridge Components (T101, Girders Etc) and
Overhead Sign Structures. Bridge Bureau Will Make
Inspection Arrangements and Notify

• FPM
• Contractors
• Inspectors
• Fabricators

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Components Inspection

• Field Inspections, FPM May Request Field
  Inspection of Materials Received That Were Not
  Shop Inspected..
• The FPM Will Be Notified of the Inspection
  Requirements.

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Components Inspection Other
Materials Bureau Will Make Inspection
Arrangements for Other Components Cattle Guards,
Sign Posts, Culvert, Etc. Materials will verify
Buy America requirements for CSP and RCP at the
point of manufacture.
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Source and Supply Letters
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Source and Supply Letters

• Source and Supply Letters Will Continue to Be
  Sent to the Materials Bureau.
• Notification of Bridge Bureau to Initiate
  Inspection Arrangements Cannot Be Made Without
  the Source Supply Letter.
• Materials That Are Delivered to the Project
  Without These Checks and Balances Should Not Be
  Incorporated Until the Source Can Be Determined.

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Source and Supply Letters

• It Is in the Contractors Best Interest to Get the
  Source and Supply Letter to Materials as Soon as
  Possible.

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Call for assistance

• Bridge Bureau
• Phone [phone]
• Materials Bureau
• Phone [phone]
• Local Materials Office

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Guardrail
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Inspection

• Prior to installation match the paper work to the
  rail.
• Check the heat number stamped on the rail.
• If the heat numbers dont match-dont install it.
• Box Beam doesnt have heat numbers stamped on
  them.
• Where is the heat number?

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Suppose To be here
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Questions

• ?