106.9 Buy America Requirement - Revision history

Hoskir: /* 106.9.2 Requirements for Manufactured Products */ updated per RR4216

2026-04-22T18:22:06Z

106.9.2 Requirements for Manufactured Products: updated per RR4216

← Older revision		Revision as of 13:22, 22 April 2026
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	==106.9.2 Requirements for Manufactured Products==		==106.9.2 Requirements for Manufactured Products==
	Manufactured products are defined and addressed ~~in Sec 106.9.7, currently available~~ in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].		Manufactured products are defined and addressed in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].

	==106.9.3 Waivers==		==106.9.3 Waivers==

Hoskir: updated per RR4216

2026-04-22T18:21:00Z

updated per RR4216

← Older revision		Revision as of 13:21, 22 April 2026
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	Previously Buy America requirements only pertained to steel and iron products. This requirement has been in effect since 1985 and was implemented to protect US Steel producers from closing. The previous requirements for iron and steel products remain unchanged.		Previously Buy America requirements only pertained to steel and iron products. This requirement has been in effect since 1985 and was implemented to protect US Steel producers from closing. The previous requirements for iron and steel products remain unchanged.

	BABA has requirements for additional construction materials and manufactured products that must comply with Buy America. These are ~~listed under Sec 106.9.6 and 106.9.7, respectively, in the specifications,~~ currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]. The following are some key points for BABA:		BABA has requirements for additional construction materials and manufactured products that must comply with Buy America. These are currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]. The following are some key points for BABA:

	==106.9.1 Requirements for Construction Materials other than iron and steel materials==		==106.9.1 Requirements for Construction Materials other than iron and steel materials==

Hoskir: /* 106.9.1 Requirements for Construction Materials other than iron and steel materials */ updated per RR4216

2026-04-22T18:06:59Z

106.9.1 Requirements for Construction Materials other than iron and steel materials: updated per RR4216

← Older revision		Revision as of 13:06, 22 April 2026
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	==106.9.1 Requirements for Construction Materials other than iron and steel materials==		==106.9.1 Requirements for Construction Materials other than iron and steel materials==
	There are specific exemptions for certain materials such as cement, asphalt oil, aggregate, etc. The construction materials that are subject to Buy America are ~~shown in Sec 106.9.6 of the specifications, currently~~ available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].		There are specific exemptions for certain materials such as cement, asphalt oil, aggregate, etc. The construction materials that are subject to Buy America are available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].

	==106.9.2 Requirements for Manufactured Products==		==106.9.2 Requirements for Manufactured Products==

Hoskir: /* 106.9.5 BABA Audit Process */ updated per RR 4162

2026-01-26T20:21:07Z

106.9.5 BABA Audit Process: updated per RR 4162

← Older revision		Revision as of 15:21, 26 January 2026
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	Contact the Construction and Materials Division with questions regarding whether a facility has been audited by the AASHTO Product Evaluation & Audit Solutions program.		Contact the Construction and Materials Division with questions regarding whether a facility has been audited by the AASHTO Product Evaluation & Audit Solutions program.

	==106.9.5 BABA ~~Audit~~ Process==		==106.9.5 BABA Review Process==
	MoDOT currently requires that the contractor obtain any applicable BABA Material Certifications and make those available on request.		MoDOT currently requires that the contractor obtain any applicable BABA Material Certifications and make those available on request.

	MoDOT will perform ~~an audit~~ on every project to ensure that the prime contractor has in their possession the Materials Certifications and PEAS confirmations for all applicable BABA materials on the project.		MoDOT will perform a review on every project to ensure that the prime contractor has in their possession the Materials Certifications and PEAS confirmations for all applicable BABA materials on the project.

	'''Step 1:'''		'''Step 1:'''
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	BABA requirements will be a required topic at every preconstruction meeting.		BABA requirements will be a required topic at every preconstruction meeting.

	A review of the material certifications required for the project will be conducted with the contractor. Certificates of material compliance must be in the possession of the contractor and available upon request. The contractor will receive a thorough ~~review~~ of the ~~audit~~ procedure.		A review of the material certifications required for the project will be conducted with the contractor. Certificates of material compliance must be in the possession of the contractor and available upon request. The contractor will receive a thorough reminder of the review procedure.

	'''Step 2:'''		'''Step 2:'''

	MoDOT will perform an internal ~~audit~~ prior to the semi-final on each project to ensure that the contractor has the required Material Certifications for BABA materials.		MoDOT will perform an internal review prior to the semi-final on each project to ensure that the contractor has the required Material Certifications for BABA materials.

	The ~~audit~~ process is as follows:		The review process is as follows:
	:The Resident Engineer will review the project and identify a minimum of three materials used on this project that are subject to BABA requirements.		:The Resident Engineer will review the project and identify a minimum of three materials used on this project that are subject to BABA requirements.
	:The Resident Engineer will request the contractor to provide the material certification requirements for the selected materials before they are installed on the project. The material certification must be in an acceptable format to the Engineer. The standardized AASHTO form will be the preferred format. If a material is certified as BABA compliant through Product Evaluation and Solution (PEAS), the contractor must give written confirmation to the Resident Engineer. The contractor must provide the invoice indicating the supplier and the location of where the material was supplied. MoDOT will verify that the material supplier has a current PEAS certification.		:The Resident Engineer will request the contractor to provide the material certification requirements for the selected materials before they are installed on the project. The material certification must be in an acceptable format to the Engineer. The standardized AASHTO form will be the preferred format. If a material is certified as BABA compliant through Product Evaluation and Solution (PEAS), the contractor must give written confirmation to the Resident Engineer. The contractor must provide the invoice indicating the supplier and the location of where the material was supplied. MoDOT will verify that the material supplier has a current PEAS certification.

	~~'''Step 3:'''~~

	~~MoDOT Audits and Investigations will include Buy America and BABA compliance as part of their annual project audit.~~


	[[category: 106 Control of Material\|106.09]]		[[category: 106 Control of Material\|106.09]]

Hoskir: updated per RR4126

2025-11-13T15:00:58Z

updated per RR4126

← Older revision		Revision as of 10:00, 13 November 2025
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	Contact the Construction and Materials Division with questions regarding whether a facility has been audited by the AASHTO Product Evaluation & Audit Solutions program.		Contact the Construction and Materials Division with questions regarding whether a facility has been audited by the AASHTO Product Evaluation & Audit Solutions program.

			==106.9.5 BABA Audit Process==
			MoDOT currently requires that the contractor obtain any applicable BABA Material Certifications and make those available on request.

			MoDOT will perform an audit on every project to ensure that the prime contractor has in their possession the Materials Certifications and PEAS confirmations for all applicable BABA materials on the project.

			'''Step 1:'''

			BABA requirements will be a required topic at every preconstruction meeting.

			A review of the material certifications required for the project will be conducted with the contractor. Certificates of material compliance must be in the possession of the contractor and available upon request. The contractor will receive a thorough review of the audit procedure.

			'''Step 2:'''

			MoDOT will perform an internal audit prior to the semi-final on each project to ensure that the contractor has the required Material Certifications for BABA materials.

			The audit process is as follows:
			:The Resident Engineer will review the project and identify a minimum of three materials used on this project that are subject to BABA requirements.
			:The Resident Engineer will request the contractor to provide the material certification requirements for the selected materials before they are installed on the project. The material certification must be in an acceptable format to the Engineer. The standardized AASHTO form will be the preferred format. If a material is certified as BABA compliant through Product Evaluation and Solution (PEAS), the contractor must give written confirmation to the Resident Engineer. The contractor must provide the invoice indicating the supplier and the location of where the material was supplied. MoDOT will verify that the material supplier has a current PEAS certification.

			'''Step 3:'''

			MoDOT Audits and Investigations will include Buy America and BABA compliance as part of their annual project audit.


	[[category: 106 Control of Material\|106.09]]		[[category: 106 Control of Material\|106.09]]

Hoskir: updated formatting

2025-06-13T14:01:49Z

updated formatting

Hoskir: updated formatting

2025-04-15T17:41:48Z

updated formatting

Hoskir: updated

2023-11-14T14:54:05Z

updated

← Older revision		Revision as of 09:54, 14 November 2023
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	Steel and iron materials may be accepted under the AASHTO Product Evaluation & Audit Solutions process.		Steel and iron materials may be accepted under the AASHTO Product Evaluation & Audit Solutions process.

	AASHTO Product Evaluation & Audit Solutions process as outlined ~~[https://transportation.org/product-evaluation-and-audit-solutions/ here]~~. The AASHTO Product Evaluation & Audit Solutions acceptance process can also be used for other Buy America Construction Materials that are AASHTO Product Evaluation & Audit Solutions compliant.		AASHTO Product Evaluation & Audit Solutions process as outlined below. The AASHTO Product Evaluation & Audit Solutions acceptance process can also be used for other Buy America Construction Materials that are AASHTO Product Evaluation & Audit Solutions compliant.

	AASHTO Product Evaluation & Audit Solutions Acceptance:		AASHTO Product Evaluation & Audit Solutions Acceptance:

	The “[https://epg.modot.org/forms/CM/CERTIFICATE_OF_MATERIALS_ORIGIN.pdf Certificate of Materials Origins]” form and supporting documentation required by Sec 106.9.4.2, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801] will not be required for suppliers that are members in good standing with AASHTO Product Evaluation & Audit Solutions. The AASHTO Product Evaluation & Audit Solutions supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials shall be kept on file by the supplier and available upon request.		The “[https://epg.modot.org/forms/CM/CERTIFICATE_OF_MATERIALS_ORIGIN.pdf Certificate of Materials Origins]” form and supporting documentation required by Sec 106.9.4.2, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801], will not be required for suppliers that are members in good standing with AASHTO Product Evaluation & Audit Solutions. The AASHTO Product Evaluation & Audit Solutions supplier will not be required to submit the material of origin forms with the material. All material of origin forms for supplied steel and iron materials shall be kept on file by the supplier and available upon request.

	The use of AASHTO Product Evaluation & Audit Solutions process will be an acceptable standard per 23 CFR 635.410(d). This acceptance will apply to Category 1 and Category 2 items.		The use of AASHTO Product Evaluation & Audit Solutions process will be an acceptable standard per 23 CFR 635.410(d). This acceptance will apply to Category 1 and Category 2 items.

Hoskir: updated per comments

2023-11-13T19:21:41Z

updated per comments

Show changes

Hoskir: updated per RR3801

2023-11-08T21:08:17Z

updated per RR3801

Show changes

← Older revision		Revision as of 09:01, 13 June 2025
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	BABA has requirements for additional construction materials and manufactured products that must comply with Buy America. These are listed under Sec 106.9.6 and 106.9.7, respectively, in the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]. The following are some key points for BABA:		BABA has requirements for additional construction materials and manufactured products that must comply with Buy America. These are listed under Sec 106.9.6 and 106.9.7, respectively, in the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]. The following are some key points for BABA:

	=106.9.1 Requirements for Construction Materials other than iron and steel materials=		==106.9.1 Requirements for Construction Materials other than iron and steel materials==
	There are specific exemptions for certain materials such as cement, asphalt oil, aggregate, etc. The construction materials that are subject to Buy America are shown in Sec 106.9.6 of the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].		There are specific exemptions for certain materials such as cement, asphalt oil, aggregate, etc. The construction materials that are subject to Buy America are shown in Sec 106.9.6 of the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].

	=106.9.2 Requirements for Manufactured Products=		==106.9.2 Requirements for Manufactured Products==
	Manufactured products are defined and addressed in Sec 106.9.7, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].		Manufactured products are defined and addressed in Sec 106.9.7, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].

	=106.9.3 Waivers=		==106.9.3 Waivers==
	There may be instances where domestic construction materials are not available. There is a process for submitting a waiver. The timeline for most waiver reviews is over a year. If domestic materials are not available and the minimal usage will need to be exceeded, please contact your Construction Liaison Engineer for guidance on how to proceed. The intent of Buy America is to be consistent with the public best interest.		There may be instances where domestic construction materials are not available. There is a process for submitting a waiver. The timeline for most waiver reviews is over a year. If domestic materials are not available and the minimal usage will need to be exceeded, please contact your Construction Liaison Engineer for guidance on how to proceed. The intent of Buy America is to be consistent with the public best interest.

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	As described in Sec 106.9.1, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]		As described in Sec 106.9.1, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]

	==106.9.3.1 Waivers for certain products that are not domestically available==		===106.9.3.1 Waivers for certain products that are not domestically available===

	A Federal awarding agency may waive the application of the Buy America Preference in any case in which it finds that:		A Federal awarding agency may waive the application of the Buy America Preference in any case in which it finds that:
	:# Applying the Buy America Preference would be inconsistent with the public interest (a “public interest waiver”)		:# Applying the Buy America Preference would be inconsistent with the public interest (a “public interest waiver”)
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	:# The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall infrastructure project by more than 25% (an “unreasonable cost waiver”).		:# The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall infrastructure project by more than 25% (an “unreasonable cost waiver”).

	=106.9.4 Acceptance of Steel and Iron Products=		==106.9.4 Acceptance of Steel and Iron Products==
	<div style="float: right; width: 400px; margin-top: 8px; margin-bottom: 8px; padding: 15px; border: 2px solid black; border-radius:5px; box-shadow:5px 5px 5px #888888">		<div style="float: right; width: 400px; margin-top: 8px; margin-bottom: 8px; padding: 15px; border: 2px solid black; border-radius:5px; box-shadow:5px 5px 5px #888888">
	<center>[https://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm '''FHWA's Buy America Q & A for Federal-Aid Program''']</center>		<center>[https://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm '''FHWA's Buy America Q & A for Federal-Aid Program''']</center>

← Older revision		Revision as of 12:41, 15 April 2025
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			<div style="float: right; margin-top: 5px; margin-left: 15px; margin-bottom: 15px;">__TOC__</div>

	The Buy America requirements have been expanded under the recent Build America Buy America Act (BABA). The revised guidance for the BABA requirements is in effect for all projects obligated after October 23, 2023.		The Buy America requirements have been expanded under the recent Build America Buy America Act (BABA). The revised guidance for the BABA requirements is in effect for all projects obligated after October 23, 2023.

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	BABA has requirements for additional construction materials and manufactured products that must comply with Buy America. These are listed under Sec 106.9.6 and 106.9.7, respectively, in the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]. The following are some key points for BABA:		BABA has requirements for additional construction materials and manufactured products that must comply with Buy America. These are listed under Sec 106.9.6 and 106.9.7, respectively, in the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]. The following are some key points for BABA:

	==106.9.1 Requirements for Construction Materials other than iron and steel materials==		=106.9.1 Requirements for Construction Materials other than iron and steel materials=
	There are specific exemptions for certain materials such as cement, asphalt oil, aggregate, etc. The construction materials that are subject to Buy America are shown in Sec 106.9.6 of the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].		There are specific exemptions for certain materials such as cement, asphalt oil, aggregate, etc. The construction materials that are subject to Buy America are shown in Sec 106.9.6 of the specifications, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].

	==106.9.2 Requirements for Manufactured Products==		=106.9.2 Requirements for Manufactured Products=
	Manufactured products are defined and addressed in Sec 106.9.7, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].		Manufactured products are defined and addressed in Sec 106.9.7, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801].

	==106.9.3 Waivers==		=106.9.3 Waivers=
	There may be instances where domestic construction materials are not available. There is a process for submitting a waiver. The timeline for most waiver reviews is over a year. If domestic materials are not available and the minimal usage will need to be exceeded, please contact your Construction Liaison Engineer for guidance on how to proceed. The intent of Buy America is to be consistent with the public best interest.		There may be instances where domestic construction materials are not available. There is a process for submitting a waiver. The timeline for most waiver reviews is over a year. If domestic materials are not available and the minimal usage will need to be exceeded, please contact your Construction Liaison Engineer for guidance on how to proceed. The intent of Buy America is to be consistent with the public best interest.

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	As described in Sec 106.9.1, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]		As described in Sec 106.9.1, currently available in the [https://epg.modot.org/forms/JSP/JSP1801.docx Supplemental Revisions JSP1801]

	===106.9.3.1 Waivers for certain products that are not domestically available===		==106.9.3.1 Waivers for certain products that are not domestically available==

	A Federal awarding agency may waive the application of the Buy America Preference in any case in which it finds that:		A Federal awarding agency may waive the application of the Buy America Preference in any case in which it finds that:
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	:# The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall infrastructure project by more than 25% (an “unreasonable cost waiver”).		:# The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall infrastructure project by more than 25% (an “unreasonable cost waiver”).

	==106.9.4 Acceptance of Steel and Iron Products==		=106.9.4 Acceptance of Steel and Iron Products=
	<div style="float: right; width: 400px; margin-top: 8px; margin-bottom: 8px; padding: 15px; border: 2px solid black; border-radius:5px; box-shadow:5px 5px 5px #888888">		<div style="float: right; width: 400px; margin-top: 8px; margin-bottom: 8px; padding: 15px; border: 2px solid black; border-radius:5px; box-shadow:5px 5px 5px #888888">
	<center>[https://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm '''FHWA's Buy America Q & A for Federal-Aid Program''']</center>		<center>[https://www.fhwa.dot.gov/construction/contracts/buyam_qa.cfm '''FHWA's Buy America Q & A for Federal-Aid Program''']</center>
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	Contact the Construction and Materials Division with questions regarding whether a facility has been audited by the AASHTO Product Evaluation & Audit Solutions program.		Contact the Construction and Materials Division with questions regarding whether a facility has been audited by the AASHTO Product Evaluation & Audit Solutions program.


	[[category: 106 Control of Material\|106.09]]		[[category: 106 Control of Material\|106.09]]