Section 5: Iron and Steel Preference Provisions in Improvement ContractsAnchor: #i1047703
The Iron and Steel Preference Provisions in Improvement Contracts requires the use of domestic iron and steel on contracts awarded by TxDOT for the improvement of the state highway system without federal aid. These contracts must contain the same preference provisions for iron and steel and iron and steel products that are required under federal law for an improvement made with federal aid, as outlined in Transportation Code, Section 223.045. If a state-funded contract is awarded without the subject provisions, it would become ineligible for reimbursement.
On state-funded projects, utility facility owners will use domestically manufactured products that are composed predominately of steel and/or iron to incorporate into the permanent installation of the utility facility - in compliance with the provisions established in Transportation Code, Section 223.045. Examples of such products may include poles, cross arms, and structural support members; towers and girders used to comprise transmission towers and stand-alone structures; conductor support cables; high-strength bolts used as anchor bolts and anchor rods; iron or steel baseplates; encasement pipes, pipes and valves; rebar and other reinforcing iron/steel for all cast-in-place and precast installations; conduit and ducting; fire hydrants; manhole covers, rims, and drop-inlet grates.Anchor: #i1047753
Documentation Requirements for Iron and Steel Preference Provisions in Improvement Contracts
Prior to the installation of products subject to Buy America compliance, the utility facility owner will submit an executed TxDOT Form 1818 with attached Mill Test Reports, issued and signed by the initial fabricator, supplier of materials, or utility owner. Mill Test Reports should state that the materials were manufactured domestically. If the Mill Test Reports are not provided or lacking information, the utility facility owner may demonstrate Buy America compliance by providing a written certification signed by the vendor or manufacturer on company letterhead signed by an authorized representative declaring that all supplied materials subject to the Buy America provisions are fully compliant. The written certification will include the specific project information pertaining to the Standard Utility Agreement and state that all products that are composed predominately of steel and/or iron were manufactured domestically and in compliance with the Buy America provisions established in Transportation Code, Section 223.045.
The utility must furnish the following for verifying compliance with the provision (domestic origin) of steel and iron materials:
- Anchor: #AQPYCSDC
- Form 1818 Material Statement - this form is to be completed, furnished, signed, and notarized by the supplier of materials, initial fabricator, or utility owner. This form, when completed, should contain certification by the utility with attached evidence of compliance from the supplier / manufacturer. Anchor: #UMMODBXX
- And one of the following (or a combination): Anchor: #KIYLBRHK
- The Mill Test Report (MTR) issued and signed by the initial fabricator stating that the applicable materials were melted and manufactured in the United States; written certification from the factory(s). Anchor: #TOVPAVEK
- Written certification signed by the vendor on company letterhead, or other acceptable documentation, signed by an authorized representative of the vendor declaring that all supplied materials subject to the provisions are fully compliant. Anchor: #XCATPPDS
- Other written statements on company letterhead, signed by an authorized representative, from the manufacturers providing any additional treatment to the fabricated material (such as blasting, galvanizing or painting) stating that all treatment processes occurred in the United States. Anchor: #IFCVELGM
- Written certification should state that all products that are composed predominately of steel and/or iron were manufactured domestically, in compliance with the BUY AMERICA. Certification should include project information pertaining to the standard utility agreement.
Additional Consideration to Certification Methods
Utility owners will bear responsibility to ensure all materials permanently incorporated into their utility relocations are compliant with the provisions.
Where a utility purchases manufactured products from a vendor for use by the owner in its relocation activities, a certification from the vendor to the utility that the materials meet the requirements shall be deemed to constitute compliance by the utility owner.
Where a utility owner obtains construction services in connection with utility relocation work and the provider of construction services is also responsible for sourcing of manufactured products used in connection with that project, a certification from the provider of construction services that the materials provided meets requirements is sufficient.
Materials purchased by the TxDOT highway contractor from a TxDOT approved supplier for utility relocations included in the highway contract will not require any supporting documentation from the utility owner.Anchor: #i1047902
Exceptions to Requirements for Iron and Steel Preference Provisions in Improvement Contracts
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- The provisions do not apply to existing utility materials which are relocated from one location to another within the project limits. Anchor: #CIAABTDT
- The provisions do not apply to any materials required for maintenance and temporary installations. Anchor: #DCJMOHYP
- The provisions do not apply to any materials necessary to repair equipment that was discovered or damaged during construction and requires immediate action to restore to safe conditions or to minimize adverse public impact.