Buy America Requirements for Federal Highway Projects (2020) / Chapter Skim
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NCHRP LRD 80 5 pliance issues involving steel and iron on highway construction projects.
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6 NCHRP LRD 80 welding, drilling, and bolting, all of which must take place at a fabrication facility in the United States. No foreign steel or iron content may be introduced by the fabricator.
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NCHRP LRD 80 7 appropriate.57 Ultimately, the waiver was not granted, due in part to an Executive Order issued in April 2017 ordering federal agencies to "minimize the use of waivers" from Buy America requirements.58 B Permanently Incorporated Products, Not Temporary Steel As enacted by Congress, the FHWA Buy America provision requires all steel or iron that is "used" on an FHWA-funded project to be "produced in the United States,"59 unless a waiver is granted.
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8 NCHRP LRD 80 ations where it might not be practicable to remove the products (e.g., ground anchors or soil nails)
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NCHRP LRD 80 9 C Application to "Miscellaneous" Steel or Iron Products A controversial issue in recent years has been how to handle incidental or "miscellaneous" steel or iron products such as washers, bolts, nuts, and screws on FHWA-funded projects.
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10 NCHRP LRD 80 However, despite the newfound exemption for "miscellaneous" steel and iron products, application of the FHWA Buy America provision to items such as washers, bolts, nuts, and screws remained a source of confusion and controversy.89 For example, a contract dispute between a general contractor for the Massachusetts Department of Transportation and the manufacturer of a traffic separator product, regarding whether a bolt incorporated into the product was a "miscellaneous" steel product exempt from the FHWA Buy America provision, resulted in litigation initiated in August 2015 in Impact Recovery Systems, Inc.
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NCHRP LRD 80 11 in most projects.100 However, given the exemption for miscellaneous steel or iron products announced in the 2012 FHWA memo, the Minimal Use exception would have seemed to no longer apply to such products. FHWA did not take any formal action in response to the 2013 notice and comments.
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12 NCHRP LRD 80 Transportation Cabinet (KYTC) ,118 noted that providing a list of specific products not covered by the proposed waiver made it ambiguous whether the proposed waiver covered all COTS products not listed, such as bolts and screws less than ¾-inch diameter, and asked that the waiver be clarified to expressly state that such items are covered by the waiver.
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