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Buy America Montana Department of Transportation Pat Ernst & Anson Moffett Construction Engineering Services Materials Slide 2 2 Originated in the Surface Trans Asst Act of 1982 passed by Congress. Applies only to Federal-aid highway construction program Originally applied to Originally applied to steel and cement and manufactured products Congress clarified to include iron and coating as a manufacturing process in 1991 Slide 3 3 All manufacturing processes, including coating, must occur in the US State must have standard contract provision requiring domestic steel and iron Slide 4 4 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 Slide 5 5 Waiver ? Must be requested by state to FHWA 1. Must be in public interest (~PIF) 2. 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. Slide 6 6 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 Slide 7 7 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. Slide 8 8 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. Slide 9 9 Domestic Materials Section 106.09 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. Mill test reports (MTR's) are required to ensure Slide 10 10 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. Slide 11 11 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. Slide 12 12 Prime Contractors Signature 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 Slide 13 13 Section 106.03 Certificate of Compliance Slide 14 14 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. Slide 15 15 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. Certificate of Compliance Section 106.03 Slide 16 16 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. Certificate of Compliance Section 106.03 Slide 17 17 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. Certificate of Compliance Section 106.03 Slide 18 18 Signature Statement of Certification Company Address Attributes of the test are detailed in the standards Steel items will have a domestic material statement Complete Conformance Cert Slide 19 19 Certification Statement I certify... Slide 20 20 Incomplete Compliance Heat Numbers Incomplete Conformance Data Slide 21 21 Complete Documentation Brokers Test Data Heat Numbers Supplied Paperwork Matches Mill Data Slide 22 22 Complete Documentation Brokers Test Data Brokers Test Data With Mill Certification Slide 23 23 Complete Documentation Brokers Test Data Heat Numbers Supplied Paperwork Matches Mill Data Slide 24 24 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. Slide 25 25 Certification - No Signature Test is Not Accepted No statement of made in the USA. Certificate is Not Signed Slide 26 26 Foreign Certificate Example Test Sheet not in English Slide 27 27 Double Switch Slide 28 28 Double Switch Slide 29 29 Double Switch Slide 30 30 Data Not Consistent: Non-Domestic? USA? Double Switch Slide 31 31 Read the Paperwork Paperwork from a US Smelter. Slide 32 32 Read the Paperwork Not all Heat Numbers are Domestic Steel Slide 33 33 Foreign Materials Slide 34 34 Foreign Materials FAP project number and name. Item or piece number. Drawing reference. Quantity. Cost including delivery to the project. We must have the following to consider the request: Slide 35 35 Foreign Materials Written Authorization Bridge Engineer, Materials Engineer or their Agent for the Use of Foreign Material is Required. Slide 36 36 Follow the Paperwork MDTs Acceptance Letter Slide 37 37 Follow the Paper Work Heat Number Mill Supplier Project Use Cost MDT Issue Acceptance on Slide 38 38 Follow the Paperwork MDTs Acceptance Letter Broker Certification Letter Slide 39 39 Follow the Paper Work Steel Broker Sends Test Report Requests Acceptance Report Includes Heat Numbers and Steel Testing Data Slide 40 40 Follow the Paperwork MDTs Acceptance Letter Broker Certification Letter Mill Certification Test Report Chinese Slide 41 41 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 Slide 42 42 Foreign Certificate Example Missing Heat Numbers Slide 43 43 Components Inspection Slide 44 44 Components Inspection FPM Contractors Inspectors Fabricators Bridge Components (T101, Girders Etc) and Overhead Sign Structures. Bridge Bureau Will Make Inspection Arrangements and Notify: Slide 45 45 Field Inspections, FPM May Request Field Inspection of Materials Received That Were Not Shop Inspected.. The FPM Will Be Notified of the Inspection Requirements. Components Inspection Slide 46 46 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. Components Inspection Other Slide 47 47 Source and Supply Letters Slide 48 48 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. Slide 49 49 Source and Supply Letters It Is in the Contractors Best Interest to Get the Source and Supply Letter to Materials as Soon as Possible. Slide 50 50 Call for assistance Bridge Bureau Phone (406) 444-6162 Materials Bureau Phone (406) 444-6268 Local Materials Office Slide 51 51 Guardrail Slide 52 52 Slide 53 53 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? Slide 54 54 Suppose To be here Slide 55 55 Slide 56 56 Slide 57 57 Slide 58 58 Slide 59 59 Slide 60 60 Slide 61 61 Slide 62 62 Questions ?