Construction Program Guide
The FHWA's policy for Buy America provides for:
- a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in any project funded under Title 23
- alternate bid provisions
- minimal usage criteria for non-domestic products
- a waiver process based on public interest or the availability of domestic products
On December 22, 2015, Judge Amit P. Mehta from the U.S. District Court for the District of Columbia issued a decision granting Plaintiffs' motion for summary judgment and denying Defendant's motion for summary judgment in a case that challenged FHWA's issuance of a December 21, 2012 memorandum. See the General Information section below.
- 23 USC 313 Buy America (01/01/2014)
- 23 CFR 635.410 Buy America requirements (04/01/2013) provides the FHWA's regulatory policy regarding Buy America. (Note: this regulation was last updated on November 25, 1983, and does not include revised stewardship, oversight, and applicability requirements resulting from the 1991 ISTEA and the 1998 TEA-21. See the discussion in the FHWA Contract Administration Core Curriculum Manual for current FHWA policy).
- 23 CFR 635 Notice of nationwide waiver of Buy America for Pig Iron, and Processed, Pelletized and Reduced Iron Ore (03/24/1995) is the Federal Register notice which lists specific requirements for this nation-wide waiver.
- 23 CFR 635 Notice of Nationwide Waiver of Buy America for Ferryboat Equipment and Machinery (02/09/1994) is the Federal Register notice which lists specific requirements for this nation-wide waiver.
- 23 CFR 635 Final Rule General Material Requirements (07/21/1993) implements the requirements of ISTEA Section 1041(a) that provide for a revision of FHWA's Buy America requirements to include the application of a coating for steel or iron products.
- Buy America Final Rule (11/25/1983) includes the preamble and regulatory narrative that form the basis for the FHWA's current Buy America regulatory policy.
- The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance for Buy America provisions.
- Ultra High Performance Concrete (UHPC) - Availability of Domestic Source of Steel Fiber Reinforcement and Proprietary Product Concerns (02/12/2014) provides guidance concerning the application of material or product selection requirements and Buy America requirements when contracting agencies specify UHPC
- Transfer of Funds for Transit Projects (12/11/2013) provides guidance concerning the administration of Construction Mitigation and Air Quality Improvement projects to purchase transit vehicles.
- Application of Buy America to non FHWA-funded Utility Relocations (07/11/2013) provides an extension of the MAP-21 S. 1518 Buy America requirements for non-Federally funded utility relocations until December 31, 2013.
- Buy America Requirements letter to AASHTO (12/20/2012) provides an interpretation regarding MAP-21 S. 1518 and the application of Buy America requirements to any contract eligible for Federal highway funding within the scope of an applicable NEPA finding, determination or decision.
- Buy America Interpretation (06/13/2011) provides an interpretation of coverage for permanently incorporated products versus temporary products.
- Revised Policy for the Approval of Buy America Waivers (03/13/2008) provides for changes in FHWA's review of Buy America waiver requests and requires all waiver requests to be submitted to HIPA-1 for review.
- Buy America - Non-domestic Flux for Welding of Bridges and Other Structures (01/31/2003)
- Buy America Policy Response (12/22/1997) discusses the application of Buy America to manufactured products.
- Additional Guidance on 23 CFR 635 D (10/05/1995) provides supplemental information regarding Buy America certifications and the FHWA's Buy America waiver process. (See: No. 2 and No. 4)
- Buy America Requirements Interpretation -- Ground Anchors, Soil Nails, and Geotech Instruments (12/02/1994)
- Buy America and NAFTA (04/22/1994)
- Buy America Requirements (12/02/1993)
- Buy America Requirements (07/06/1989) provides guidance concerning Buy America certifications, the calculation of a deminimus amount of foreign steel, and the relation of NAFTA to the FHWA's Buy America program.
- FHWA Contract Administration Core Curriculum Manual
- US District Court for the District of Columbia Decision Related to Buy America Requirements (01/06/2016)
- Buy America Issues to Consider for Utility Contracts and Agreements (12/20/2012)
- Buy America Questions and Answers (12/20/2012)
- Buy America Guidance (07/11/1994)
- Impact of NAFTA on Buy America (03/17/1994)
- Buy America Materials Certifications (11/19/1992)
- Buy America Waivers Approved by the FHWA
- Notice of Buy America Waiver Request
- MAP-21 Questions & Answers: Buy America (12/20/2012)
- Quick facts about Buy America provides an abbreviated list of Buy America requirements.
- Headquarters memorandum dated December 21, 2012 provides a clarification of FHWA's position regarding the application of Buy America requirements to manufactured products.