ANNOUNCED AS TEMPORARYNo
Public procurement localisation
In an April 16, 2018 Federal Register notice (Volume 83 Number 73) the Federal Highway Administration (FHWA) announced a Buy America waiver for the obligation of Federal-aid funds for 151 state government projects involving the acquisition of vehicles and equipment on the condition that these items be assembled in the United States. At issue is the acquisition of vehicles (including sedans, vans, pickups, trucks, buses, and street sweepers) and equipment (such as trail grooming equipment) on the condition that they be assembled in the United States. The waiver would apply to approximately 955 vehicle and equipment acquisitions.
Title 23, Code of Federal Regulations Section 635.410 requires that steel or iron materials (including protective coatings) that will be permanently incorporated in a Federal-aid project must be domestically manufactured. For FHWA, this means that all the processes that modified the chemical content, physical shape or size, or final finish of the material (from initial melting and mixing, continuing through the bending and coating) occurred in the United States. The statute and regulations create a process for granting waivers from the Buy America requirements when its application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available.
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