Buy America

Buy America requirements originated in 1983 in the Code of Federal Regulations 23 CFR 635.410. Part 1 states: β€œThe project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes, which protect or enhance the value of the material to which the coating is applied.” This applied to all projects where Federal aid is involved.

Beginning January 1, 2014 per section 1518 of MAP-21, if the project is defined by National Environmental Policy Act (NEPA), has at least one authorized Federal-Aid Highway Program (FAHP) construction contract, all utility relocations that are eligible for federal reimbursement must meet Buy America regardless of funding source.

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Applicability

  • Buy America requirements only affect products containing or composed of steel or iron (greater than 90% by weight).
  • Buy America only applies to relocations of utility facilities that must move due to highway projects under certain specific conditions as stated in the links below.
  • Buy America applies if the utility relocation is eligible for reimbursement with federal funds, however in the case of Buy America few of the eligible relocations will be reimbursed. See the links below for eligibility criteria and reimbursement guidance.
  • Buy America applies in the case where the utility relocation is included in the federal-aid contract. This can be through an agreement with the DOT or Local Agency.
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Eligibility Criteria & Reimbursement Guidance

Cities and counties may want to refer to Local Systems Office Instructional Memorandum 3.650 or contact the bureau at 515-239-1291. For more information on Buy America, contact the Utility Program Administrator at 515-239-1014.

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