105.10 Domestic Materials - Revision history

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Documentation Requirements

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MEASUREMENT, DOCMENTATION & PAYMENT

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C - Source of Manufactured Products (Buy America)

Clarkj25: Clarkj25 moved page 105.10 Buy America Source of Steel and Iron to 105.10 Domestic Materials: buy america updates

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Clarkj25 moved page 105.10 Buy America Source of Steel and Iron to 105.10 Domestic Materials: buy america updates

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MEASUREMENT, DOCMENTATION & PAYMENT

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Basis of Payment

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Basis of Payment

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Documentation Requirements

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 # FHWA Waiver – Applies when FHWA grants an exception for a specific material on a specific project (e.g., a product only available from a foreign source). This will be a rarity and Development staff should be consulted to identify waivers, if any, that have been authored for the project at hand.
 # Domestic Material De Minimis Certification – Contractor documentation showing that a material is being counted toward allowable de minimis foreign content under BA/BABA regulations.
 Domestic Material Certification documentation will be the most prevalent acceptance method to satisfy the Domestic Material Certification Acceptance Action. This can be satisfied by evaluation of Contractor provided documents, such as Certification letters, examples below, that contains all supporting information to justify payment for the materials. Please refer to Domestic Materials Special Provisions to determine required documentation.

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-==[[#MEASUREMENT, DOCMENTATION & PAYMENT|'''MEASUREMENT, DOCMENTATION & PAYMENT''']]==
+==[[#MEASUREMENT, DOCUMENTATION & PAYMENT|'''MEASUREMENT, DOCUMENTATION & PAYMENT''']]==
 ===[[#Measurement|Measurement]]===

← Older revision		Revision as of 18:22, 19 October 2026
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	Intelligent transportation systems and other electronic hardware systems that are installed in the highway right of way or other real property are classified as manufactured products, the cabinets or other enclosures of such systems that consist wholly or predominantly of iron or steel or a combination of both must meet the requirements of subsection 105.10.A of the Standard Specifications for Construction. The cost of cabinets or other enclosures may be included in the applicable calculation for purposes of determining whether systems referred to in the preceding sentence are produced in the United States.		Intelligent transportation systems and other electronic hardware systems that are installed in the highway right of way or other real property are classified as manufactured products, the cabinets or other enclosures of such systems that consist wholly or predominantly of iron or steel or a combination of both must meet the requirements of subsection 105.10.A of the Standard Specifications for Construction. The cost of cabinets or other enclosures may be included in the applicable calculation for purposes of determining whether systems referred to in the preceding sentence are produced in the United States.

−	Some products may be acquired from a manufacturer as a “kit”. FHWA defines a manufactured product kit as a product acquired from a single manufacturer as separate components with the intent of the components being assembled to form a single product at the work site. If the components are from different manufacturers, it is not a kit. A “kit” is not to be confused with a “system”. A kit is limited to specific product, machine, or device performing a unified function that is assembled onsite. Wide-ranging systems of interconnected manufactured products like an HVAC system is not a kit. A kit is evaluated as a single manufactured product regardless to when or how its individual components are brought to the work site. A “kit” is evaluated as a whole and not by the parts. The kit must meet the 55% domestic component requirement, but the final assembly in the US requirement is satisfied by the onsite assembly.	+	Some products may be acquired from a manufacturer as a “kit”. FHWA defines a manufactured product kit as a product acquired from a single manufacturer as separate components with the intent of the components being assembled to form a single product at the work site. If the components are from different manufacturers, it is not a kit. A “kit” is not to be confused with a “system”. A kit is limited to specific product, machine, or device performing a unified function that is assembled onsite. Wide-ranging systems of interconnected manufactured products like an HVAC system is not a kit. A kit is evaluated as a single manufactured product regardless of when or how its individual components are brought to the work site. A “kit” is evaluated as a whole and not by the parts. The kit must meet the 55% domestic component requirement, but the final assembly in the US requirement is satisfied by the onsite assembly.

← Older revision		Revision as of 16:47, 19 October 2026
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	The determination of appropriate category for an article, material or supply will be determined by the Construction Engineer at the project level. AASHTO has worked with FHWA and other State DOTs has developed a self-certification form, which is not required for Michigan projects. Table 1 on this form includes a Material Classifications breakdown as an aid in making project category decisions.		The determination of appropriate category for an article, material or supply will be determined by the Construction Engineer at the project level. AASHTO has worked with FHWA and other State DOTs has developed a self-certification form, which is not required for Michigan projects. Table 1 on this form includes a Material Classifications breakdown as an aid in making project category decisions.
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 Collaboration is necessary between MDOT’s Structural Fabrication Unit and the Engineer to ensure the amount of foreign steel approved for use is less than the minimal usage thresholds above.  MDOT's Structural Fabrication Unit will not seek approval from the project office for incorporation of foreign iron and/or steel into a project, but will verify that the engineer has approved the use of foreign iron and/or steel prior to stamping "Approved for Use". The Structural Fabrication Unit will issue fabrication inspection memorandums to the engineer, for projects requiring structural steel and structural precast concrete fabrication inspection, after fabrication is complete for information purposes only. These memorandums summarize the fabrication inspection and state Buy America has been verified at the fabrication facility.
 ====[[#Oversight and Compliance|Oversight and Compliance]]====
 MDOT administers Domestic Materials requirements using a trust-but-verify approach. Contractor certifications are relied upon as the primary demonstration of compliance. Verification includes ensuring required certifications are complete and applicable, observing delivered products for readily apparent inconsistencies, and requesting additional supporting information only when facts or circumstances reasonably call the certification into question. MDOT administers Domestic Materials requirements through a tiered oversight process designed to verify contractor certifications, identify observable inconsistencies, and resolve questions before payment:
 =====[[#Level 1: Field Review|Level 1: Field Review]]=====
@@ Line 311: / Line 313: @@
 ##If no unresolved questions remain, the item may proceed through the normal documentation and payment process.
-Level 2: Documentation Review
+{{top}}
 The Office Technician serves as the Department's administrative quality control for project records. Prior to payment, the Office Technician verifies that documentation required by the contract has been received and retained as required. The Office Technician's review is intended to ensure the project file is complete and capable of supporting the Department's acceptance decisions.
 The Office Technician will:
-•	Follow Standard Naming Convention for document storage
+*Follow Standard Naming Convention for document storage
-•	Verify that the job and product are correct on certifications
+*Verify that the job and product are correct on certifications
-•	Verify signature on certification
+*Verify signature on certification
-•	Ensure that the product documentation supports compliance with the Special Provision
+*Ensure that the product documentation supports compliance with the Special Provision
-•	Communicate with the Project Engineer and Central Office in the event of a discrepancy or documentation issue for effective follow-up.
+*Communicate with the Project Engineer and Central Office in the event of a discrepancy or documentation issue for effective follow-up.
 Payment of a contract item through the Department's payment process documents the Department's acceptance decision and indicates that the Field Review and Documentation Review processes have been completed, unless otherwise documented in the project file.
 Central Office provides technical assistance and policy interpretation when questions regarding Domestic Materials requirements cannot be resolved at the project level. Central Office involvement is intended to promote statewide consistency in the application of the Domestic Materials Special Provision and may include interpretation of policy, evaluation of supporting documentation, or coordination with FHWA as appropriate.
-Non-Compliance
+{{top}}
 Resolution of non-compliance with BABA cannot be fixed by simply adjusting the pay item to a federally non-participating category. This is not compliant per FHWA. Payment for the non-compliant item must be entirely withheld.
 To resolve the non-compliance, corrective actions must be pursued in this order:
- (1) Remove the non-compliant item and replace it with a domestically sourced, compliant equivalent; or
+#Remove the non-compliant item and replace it with a domestically sourced, compliant equivalent; or
-(2) If a direct replacement is unavailable, redesign the relevant portion of the project to utilize alternative compliant materials.
+#If a direct replacement is unavailable, redesign the relevant portion of the project to utilize alternative compliant materials.
 Communication with CFS and FHWA may be necessary if items 1 or 2 are not appropriate for the job.
-Communication of Industry-wide shortages and Public Interest Waivers
+{{top}}
 MDOT will collaborate with FHWA regarding industry-wide material shortages and requests for public interest waivers. To provide FHWA with timely and useful documentation, project offices are asked to notify the Division Administrator and Construction Operations Engineer at the earliest indication of:
-•	Supply-chain disruptions affecting domestic products that result in previously ordered materials or products becoming unavailable on a nationwide or industry-wide basis; or
+*Supply-chain disruptions affecting domestic products that result in previously ordered materials or products becoming unavailable on a nationwide or industry-wide basis; or
-•	Supply-chain or material availability issues that create an emergent or potentially significant risk to the safety of the motoring public, workers, or critical transportation infrastructure.
+*Supply-chain or material availability issues that create an emergent or potentially significant risk to the safety of the motoring public, workers, or critical transportation infrastructure.

← Older revision	Revision as of 18:20, 19 October 2026
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← Older revision		Revision as of 16:37, 19 October 2026
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	Collaboration is necessary between MDOT’s Structural Fabrication Unit and the Engineer to ensure the amount of foreign steel approved for use is less than the minimal usage thresholds above. MDOT's Structural Fabrication Unit will not seek approval from the project office for incorporation of foreign iron and/or steel into a project, but will verify that the engineer has approved the use of foreign iron and/or steel prior to stamping "Approved for Use". The Structural Fabrication Unit will issue fabrication inspection memorandums to the engineer, for projects requiring structural steel and structural precast concrete fabrication inspection, after fabrication is complete for information purposes only. These memorandums summarize the fabrication inspection and state Buy America has been verified at the fabrication facility.		Collaboration is necessary between MDOT’s Structural Fabrication Unit and the Engineer to ensure the amount of foreign steel approved for use is less than the minimal usage thresholds above. MDOT's Structural Fabrication Unit will not seek approval from the project office for incorporation of foreign iron and/or steel into a project, but will verify that the engineer has approved the use of foreign iron and/or steel prior to stamping "Approved for Use". The Structural Fabrication Unit will issue fabrication inspection memorandums to the engineer, for projects requiring structural steel and structural precast concrete fabrication inspection, after fabrication is complete for information purposes only. These memorandums summarize the fabrication inspection and state Buy America has been verified at the fabrication facility.
		+
		+	====[[#Oversight and Compliance\|Oversight and Compliance]]====
		+
		+	MDOT administers Domestic Materials requirements using a trust-but-verify approach. Contractor certifications are relied upon as the primary demonstration of compliance. Verification includes ensuring required certifications are complete and applicable, observing delivered products for readily apparent inconsistencies, and requesting additional supporting information only when facts or circumstances reasonably call the certification into question. MDOT administers Domestic Materials requirements through a tiered oversight process designed to verify contractor certifications, identify observable inconsistencies, and resolve questions before payment:
		+
		+	=====[[#Level 1: Field Review\|Level 1: Field Review]]=====
		+
		+	Construction personnel are not expected to independently determine whether a product satisfies Domestic Materials requirements. The purpose of the field review is to identify observable inconsistencies, identify when required documentation may be missing, and elevate questions through the appropriate chain of review.
		+
		+	Construction personnel should make reasonable observations of delivered materials for markings or information that appear inconsistent with the contractor's certification or contract requirements. If observed markings (Such as a stamp or sticker indicating non-domestic country of origin) or documentation appear inconsistent with the contractor's certification, construction staff must follow this decision making process:
		+
		+	# Is the item Iron or Steel, a Construction Material, or a Manufactured Product as defined in the Special Provisions for Domestic Materials?
		+	##If yes, proceed.
		+	##If no, stop here. Non-domestic product is allowable.
		+	#Does the item have a project-specific or general waiver issued by FHWA?
		+	##If yes, verify waiver is on the Approved Project-Specific Waivers list or the Approved General Applicability Waivers list. Upon verification that the item matches the waiver, item basis of acceptance is Waiver as above and is appropriate for payment.
		+	##If no, notify the Office Technician and Contractor of the apparent inconsistency. The Contractor shall provide clarification or identify the basis under which the item is allowable (e.g., correction of documentation, applicable waiver, or inclusion within the approved de minimis calculation).
		+	#Are there unresolved questions regarding the applicability of the Special Provision, waiver eligibility, de minimis status, or consistency with the contractor's certification?
		+	##If yes, notify the Project Engineer and Office Technician that payment should not be processed until the compliance question has been resolved in accordance with the contract requirements.
		+	##If no unresolved questions remain, the item may proceed through the normal documentation and payment process.
		+
		+	Level 2: Documentation Review
		+	The Office Technician serves as the Department's administrative quality control for project records. Prior to payment, the Office Technician verifies that documentation required by the contract has been received and retained as required. The Office Technician's review is intended to ensure the project file is complete and capable of supporting the Department's acceptance decisions.
		+	The Office Technician will:
		+	• Follow Standard Naming Convention for document storage
		+	• Verify that the job and product are correct on certifications
		+	• Verify signature on certification
		+	• Ensure that the product documentation supports compliance with the Special Provision
		+	• Communicate with the Project Engineer and Central Office in the event of a discrepancy or documentation issue for effective follow-up.
		+	Payment of a contract item through the Department's payment process documents the Department's acceptance decision and indicates that the Field Review and Documentation Review processes have been completed, unless otherwise documented in the project file.
		+
		+
		+	Level 3: Central Office Review
		+	Central Office provides technical assistance and policy interpretation when questions regarding Domestic Materials requirements cannot be resolved at the project level. Central Office involvement is intended to promote statewide consistency in the application of the Domestic Materials Special Provision and may include interpretation of policy, evaluation of supporting documentation, or coordination with FHWA as appropriate.
		+
		+	Non-Compliance
		+	Resolution of non-compliance with BABA cannot be fixed by simply adjusting the pay item to a federally non-participating category. This is not compliant per FHWA. Payment for the non-compliant item must be entirely withheld.
		+	To resolve the non-compliance, corrective actions must be pursued in this order:
		+	(1) Remove the non-compliant item and replace it with a domestically sourced, compliant equivalent; or
		+	(2) If a direct replacement is unavailable, redesign the relevant portion of the project to utilize alternative compliant materials.
		+	Communication with CFS and FHWA may be necessary if items 1 or 2 are not appropriate for the job.
		+
		+	Communication of Industry-wide shortages and Public Interest Waivers
		+	MDOT will collaborate with FHWA regarding industry-wide material shortages and requests for public interest waivers. To provide FHWA with timely and useful documentation, project offices are asked to notify the Division Administrator and Construction Operations Engineer at the earliest indication of:
		+	• Supply-chain disruptions affecting domestic products that result in previously ordered materials or products becoming unavailable on a nationwide or industry-wide basis; or
		+	• Supply-chain or material availability issues that create an emergent or potentially significant risk to the safety of the motoring public, workers, or critical transportation infrastructure.
		+

@@ Line 201: / Line 201: @@
 Title 2 CFR Part 184 states the following language specific to Construction Materials:
-;''“Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.”''
+:''“Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.”''
 Federal Office of Management and Budget has chosen not to be overly prescriptive in defining the term Minor Addition, instead allowing for Federal Agencies to apply discretion. For the purposes of classification. FHWA defines in 23 CFR 635.410(c)(1)(iii) predominance as one that composes over 50% of the total cost of the products components, therefore a minor item constitutes less than 50% of the cost. Based on this established federal logic, MDOT will define a Minor Addition as an item whose presence constitutes less than 50% of the estimated material cost of the material or whose presence merely supports the construction material.

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 ====[[#Iron, Steel, and/or Manufactured Products Certification|Iron, Steel, and/or Manufactured Products Certification]]====

← Older revision		Revision as of 16:24, 19 October 2026
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	The total value of non-compliant items is the value of all construction materials and manufactured products that are not compliant with subsections 105.10.B and 105.10.C that are permanently incorporated into the contract. The total applicable contract costs include the costs of all iron, steel, construction materials, and manufactured products used on the contract. The 5 percent threshold of total applicable contract costs is based on the following formula:		The total value of non-compliant items is the value of all construction materials and manufactured products that are not compliant with subsections 105.10.B and 105.10.C that are permanently incorporated into the contract. The total applicable contract costs include the costs of all iron, steel, construction materials, and manufactured products used on the contract. The 5 percent threshold of total applicable contract costs is based on the following formula:
−

	:A / B		:A / B