IMPLEMENTING BUY AMERICA PROVISIONS IN TEXAS - Prepared by MSU Section
Overview Who made these requirements? It is a Law. U.S. Congress passed the law requiring that Secretary of Transportation shall not obligate any funds authorized to be appropriated to carry out the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title and administered by the Department of Transportation, unless steel and iron used in such project are produced in the United States. Laws The FHWA's statutory provisions for Buy America are found in Title 23 United States Code, Section 313. Regulations Title 23 C.F.R. 635.410 provides the FHWA's regulatory policy regarding Buy America. 2
Overview U.S. Federal surface transportation spending is governed by Moving Ahead for Progress (MAP 21) Passed by Congress on June 29, 2012 Section 1518 implemented on October 1, 2012 Buy America provisions created to ensure U.S. made goods and materials had preference over imports Taxpayer dollars used to create and maintain manufacturing jobs in the United States 3
Overview Provisions apply to infrastructure projects and governmental procurements Federal funds used for any activity within the scope of NEPA decision or construction, Buy America applies to entire project Contracts or agreements executed after October 1, 2012 are subject to Buy America provisions Buy America law and/or policies Require that all steel or iron products permanently used on a Federal-aid highway project be manufactured domestically. Regardless of funding source used to purchase products 4
Overview What materials covered under BA requirements? Steel and Iron products and application of their coatings. 5
Iron & Steel Products The FHWA deems a product to be manufactured predominantly of steel or iron if the product consists of at least 90% steel or iron as delivered. Examples: Fabricated structural/reinforcing steel Bolts, tensioning wire Guardrail, steel fencing Steel or Iron pipe, mast arms/poles 6
Exclusions Miscellaneous steel or iron components and hardware necessary to assemble various components not predominantly iron or steel Examples Cabinets, Covers, Shelves Fittings, sleeves, washers, bolts/nuts Chairs, faucets, door hinges Aluminum products are excluded as well 7
Exclusions Temporary installations Buy America only applies to materials that are permanently installed Utility Permits UIR System 8
How to comply with BA Requirements? Enforcement & Oversight: State DOTs are responsible for enforcement of Buy America provisions. Adequate material certification process is acceptable for compliance. In 1989, AASHTO approved a resolution supporting the use of stepstep (i.e. step) certification for BA compliance. FHWA endorsed step certification process as a method to provide greater awareness of and adherence to BA requirements. The process would also establish accountability and better enable States to take enforcement actions against intentional violators. 9
Step Certification Step certification = 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. Step certification creates a paper trail documenting the location of the manufacturing process involved with the production of steel and iron materials. 10
TxDOT Specs & Documentation Review Specs 426 & 465 for rules regarding precast or manufactured products Items such as ring covers, SETs, manholes must comply with Buy America Form D-9-USA-1 (Form 181) must be maintained by the utility and the construction division also maintains a material producer list (MPL). 11
Construction Division Resources TxDOT Construction Division maintains a Materials Producer List (MPL) that lists domestic sourced iron/steel suppliers throughout the nation Annually compile a list that lists approved suppliers for precast items used 12
What happens when BA requirements were not met? Remove the excess foreign iron and steel products and replace with domestic iron and steel products. Otherwise, the entire project will be classified as non-compliance and costs for the entire project will become ineligible. 13
Buy America-Utility Work Can foreign steel be allowed in utility work using FAHP funding if the foreign items are made non-participating? No - All materials permanently incorporated into a project using FAHP funding must meet the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410). Example It is not acceptable to allow foreign steel as a permanent component of an FAHP project by using State or local funds for the non-conforming items. It is generally not acceptable for non- conforming materials to be donated to a project using FAHP funding. Additional info. on Buy America requirements available in the FHWA Construction Program Guide: http://www.fhwa.dot.gov/construction/cqit/buyam.cfm 14
Buy America-Utility Work What Buy America and utility issues should be considered when developing agreements to relocate utilities that utilize FAHP funding? Utility contracts or agreements for utility work that utilize FAHP funding must include the provisions to meet the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410). The contract or agreement shall require the contractor to provide a definitive statement about the origin of all products, permanently incorporated into the project, covered under the Buy America requirements. Additional information on the Buy America requirements to include in utility contracts and agreements is available in the FHWA Construction Program Guide at: http://www.fhwa.dot.gov/construction/cqit/buyam.cfm, and in the FHWA Contract Administration Core Curriculum Participant s Manual and Reference Guide 2006 at: http://www.fhwa.dot.gov/programadmin/contracts/core02.cfm#s2b0 1. 15
Additional Valuable Information Construction Program Guide: Buy America Laws and Regulations: http://www.fhwa.dot.gov/construction/cqit/buyam.cfm Buy America Waiver information: http://www.fhwa.dot.gov/construction/contracts/waivers.cfm Buy America Q and A: http://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm 16
MAP, SURVEY & UTILITY PROJECT DELIVERY
Project Delivery Map, Survey, & Utility (MSU) Problem: Untimely utility accommodations completions delay delivery Goal: Complete pre-construction All required property interests Accommodate all impacted utility facilities 18
Pre-Modernization Process 19
Post-Modernization Project Life Cycle 20
Modernization Goals Move utility work to preliminary project stage Active initiation & management Concurrent process instead of sequential Cultivate efficiency & effectiveness On-time & on-budget project delivery 21
Identify Potential Projects Monitor Transportation Commission for future projects Collaborate on needs with: District advanced planning TP&D personnel Conduct annual utility coordination meetings 22
Preliminary Investigations Assess utility impact Identify utilities on projects Locate utilities on project limits Define compensable R/W interests Perform SUE work 23
Conflict Analysis: Avoid, Minimize, & Accommodate Determine utility impacts Exception to policy conflict resolution Consult engineers regarding re-design Minimize impact via detail investigation 24
Avoid- Exception to Policy TAC Rule 21.40 (a) Underground utilities crossing the highway shall be encased in the interest of safety, protection of the utility, protection of the highway TAC Rule 21.40 (d) 3 In no case shall a manhole be placed or permitted to remain in the pavement or shoulder of the highway 25
Existing Waterline @ Loop 335 26
Exception to Policy Exception was approved as: The 10 to 12 depth ensured there were no other utility conflicts Does not affect the safety, design, operation, maintenance Accommodation would not impair future expansion Relocation costs of $80,000-$100,000 Avoid project delays It was recommended and approved by the District Engineer 27
Minimize- Redesign Intersection 28
QA/QC Utility Accommodation Estimate & schedule internally Review funding agreements & eligibility Review utility agreements Review PS&E packages 29
Active Inspection Conduct utility kickoff & status meetings Monitor project completion Review payment requests Get as built drawings & final specifications 30
Thank You Questions? 31