Pennsylvania Steel Products Procurement Act / FHWA Buy America

This web page addresses questions concerning both the Pennsylvania Steel Products Procurement Act (Act 3) and FHWA Buy America and provides clarification on the acceptance and certification of steel products on PennDOT construction projects.

Pennsylvania Steel Products Procurement Act (Act 3):

Act 3 applies to every public works project, which includes PennDOT projects.

Use or furnish only steel products produced in the United States in the performance of the contract or any subcontract.

Documentation Requirements:

• Identifiable Steel – Steel products that contain the Department approved permanent marking (MM-USA) that identifies that the material was melted and manufactured in the US. Written approval must be granted by the Department before the MM-USA marking may be applied by a manufacturer to its steel product. Department approved ‘identifiable’ steel products (MM-USA) are referenced in Bulletin 15.

• Form CS-4171 (PDF)  must be provided to the Department project inspection staff.

• Steel Products with In-Plant Inspection – Fabricated structural steel or precast & prestressed concrete products that received Department in-plant inspection and inspection stamp.

• Form CS-4171 (PDF) must be provided to the Department project inspection staff.

• Unidentified Steel – Steel that is not defined in the two categories above.

• Invoices, bills of lading and mill test reports that positively identify that the steel was melted and manufactured in the United States, along with

• Form CS-4171 (PDF), Certificate of Compliance must be provided to the Department project inspection staff.

Exception - If a steel product delivered to a project contains both foreign and US steel, the product is considered to be a US steel product only if at least 75% of the total cost of steel in the product is the cost of US steel (mined, produced or manufactured in the US). Documentation describing the steel or iron product(s) and their value in the form of receipts or other acceptable documentation must be provided. Use Form CS-4171S (PDF), Supplemental Certification for Steel Products containing Foreign Steel.

Waivers - Waiver requests may be submitted to the Secretary of Transportation with justification that the steel product is not produced in the US in sufficient quantities to meet the contract requirements.

FHWA Buy America:

Buy America applies to ….

• Highway construction projects that are partially or totally financed with Federal funds.

• Any project that is eligible for assistance under FHWA’s Title 23 National Environmental Policy Act (NEPA), regardless of the funding source, i.e., whether Federal funds are used or not.

• All contracts covered under the scope of the NEPA document, including multiple projects.

Furnish steel and iron products manufactured in the United States. The application of coatings on steel or iron must also occur in the United States.

Documentation Requirements – Same as Act 3 Documentation Requirements.

Minimal Use Provision - Products manufactured of foreign steel or iron materials may be used, provided the cost of such products as they are delivered to the project does not exceed the greater of 0.1% of the contract amount or $2500. Documentation of the value of foreign steel components in the form of receipts or invoices must be provided. Use Form CS-4171S (PDF), Supplemental Certification for Steel Products containing Foreign Steel.

Waivers - Waiver requests may be submitted to FHWA with justification that the steel product is not produced in the US in sufficient quantities to meet the contract requirements.