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Section 3: Buy America

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Overview

Unless otherwise specified in the contract, Standard Specifications Article 6.1.A, "Buy America," requires the following of the contractor:

Comply with the latest provision of Buy America as listed at 23 CFR 635.410. Use steel and iron materials melted and manufactured in the United States except when:

    • cost of materials, including delivery, does not exceed 0.1% of the total contract cost or $2,500, whichever is greater
    • contract contains an alternate bid item for a foreign source steel or iron product and the contract is awarded based on the alternate item
    • materials are temporarily installed and not left in place when work is completed.

A comprehensive overview of the “Buy America” program may be found in the Material Inspection Guide.

TxDOT Form 1818, “Material Statement” (with proper attachments) should be furnished for all material not inspected and test reported by CST-M&P. If credible evidence, documentation or an identified credible witness, is found that puts the domestic origin of steel or iron in question (evidence that a supplier is providing improper or falsified documentation), the department entity responsible for acceptance of the material (division or district warehouse, project engineer, General Services Division or CST-M&P) must notify the contractor/ supplier (handled according to the type of contract) in writing regarding the problem and take appropriate action to resolve the issue. Do not threaten the contractor/supplier with false claim statements or legal action.

If the issue is not resolved and the credible evidence indicates a possible false claim, elevate the issue through administration at the originating division or district office to CST-M&P Structural Branch for further handling. CST will assist in resolution and, if needed, forward recommendations to OGC for legal actions.

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