A federal legal requirement, Buy America requires utility owners under certain circumstances to buy and use steel that is manufactured in America. It applies to utility relocations and new utility installations that are related to highway construction projects.
Buy America statute 23 U.S.C. 313, as amended by Section 1518 of MAP-21, applies to all contracts eligible for assistance under title 23 within the scope of a finding, determination, or decision under the National Environmental Policy Act (NEPA), regardless of the funding source, if at least one contract within the scope of the NEPA document is funded with federal funding under title 23. Buy America requirements would not apply to utility work where such work is not eligible for federal-aid because the State is legally unable to pay the utility owner or where the utility work is part of a non-federal-aid highway contract which is not within the scope of a NEPA document. Compliance with Buy America requirements should be discussed to avoid potential scheduling issues resulting from an inability to achieve compliance. Language addressing Buy America is included in agreements and a Buy America Certificate of Compliance (DOC) (if applicable) must be completed and signed before payment can be made. Additional information on Buy America can be found at the FHWA Buy America website.
Contact your MnDOT project manager to determine if Buy America applies to your relocation or installation project.