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2 NCHRP LRD 80 CONTENTS I. Introduction to FHWA Buy America Provision, 3 A. Scope of Coverage, 3 B. Waivers from Coverage, 3 C. History, 4 D. Digest Overview, 4 II. Application to Steel and Iron in Highway Construction Projects, 5 A. Steel and Iron Products, Not Just Structural Steel, 5 B. Permanently Incorporated Products, Not Temporary Steel, 7 C. Application to âMiscellaneousâ Steel or Iron Products, 9 III. Application to Manufactured Products, 13 A. Manufactured Products Waiver, 13 B. Steel or Iron Components of Manufactured Products, 15 C. Predominantly Steel or Iron Manufactured Products, 18 D. Vehicles and Rolling Stock, 19 IV. Waivers and Exceptions, 22 A. Waiver Procedure, 22 B. Application of Waivers, 24 C. Nationwide FHWA Waivers, 29 D. Project-Specific FHWA Waivers, 30 E. National Highway Transportation Safety Administration Waivers, 35 V. Scope of Project Coverage, 36 A. Historically Applied only to FHWA-Funded Segments, 36 B. Expanded to all Contracts in a Project, 38 VI. Relationship to Other Laws, 39 A. State Buy America Statutes, 39 B. Buy American Act, 42 C. Other Federal Buy America Provisions, 42 D. Free Trade Agreements, 44 VII. Enforcement and Penalties, 45 A. Certification, 45 B. Loss of Funding, 47 C. Suspension or Debarment, 47 D. False Claims Liability, 47 VIII. Conclusions, 49
