FHWA's Buy America Q and A for Federal-Aid Program

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FHWA's Buy America Q and A for Federal-Aid Program

2026-01-05
By United States. Department of Transportation. Federal Highway Administration
Series: Memoranda & Guidance: Guidance

File Language:

English

Details

Corporate Creators:

United States. Department of Transportation. Federal Highway Administration
Corporate Contributors:

United States. Department of Transportation. Federal Highway Policy & Guidance Center
Subject/TRT Terms:

Federal Aid Government Funding Manufacturing Policy Procurement Recommendations
Series:

Memoranda & Guidance: Guidance
Resource Type:

Memorandum
Right Statement:

Public Domain
Geographical Coverage:

United States
Corporate Publisher:

United States. Department of Transportation. Federal Highway Administration
Abstract:

The FHWA's Buy America policies require a domestic manufacturing process for iron or steel products and manufactured products that are permanently incorporated in a Federal-aid highway construction project. Title 23 Section 313 provides that the Administrator may issue a waiver if, (1) the application of Buy America provisions would be inconsistent with the public interest or (2) iron or steel products or manufactured products are not produced in the United States in sufficient and reasonably available quantities which are of satisfactory quality. The statute and FHWA's regulations in 23 CFR 635.410 also waive FHWA's Buy America requirements for iron and steel at the time of contract award if a State elects to include an alternate bidding provision in the project advertisement for foreign and domestic steel and iron products, and the lowest overall bid based on using domestic products is more than 25 percent higher than the lowest overall bid based on using foreign products. Additionally, the FHWA's regulations permit a minimal use of foreign steel and iron in the amount of $2,500 or one-tenth of one percent, whichever is greater, to be used in a Federal-aid project.
Format:

PDF
Collection(s):

Federal Highway Administration
Main Document Checksum:

urn:sha-512:f4773c3331d69485a7057a981b0ce4a113f8d84753c23882455e9fccb9afb73234199832750cf8ecc32fb3aa032bb54c4cd5904c5bd983ed9553e8895d928738
Download URL:

https://rosap.ntl.bts.gov/view/dot/93027/dot_93027_DS1.pdf
File Type:

[PDF - 628.67 KB ]

File Language:

English

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