BUY AMERICA REQUIREMENTS
By law, American-made iron foundry products must be used in all Federal transportation projects and state and local government projects that use Federal transportation dollars.
Products covered by the law include:
- Manhole covers
- Rings
- Frames
- Catch basin frames and grates
- Iron and steel inlet grating
- Various miscellaneous iron products.
Severe penalties exist for contractors who fail to comply with the "Buy America" provisions of the law.
This "Buy America" provision was established by law in the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA"), which explicitly requires that any iron castings used in a Federal-aid highway project be entirely manufactured in the United States.
The "Buy America" provision of ISTEA is not altered by the North American Free Trade Agreement ("NAFTA"). While most "buy national" procurement rules were eliminated through NAFTA, the "Buy America" preference of ISTEA was preserved. Moreover, as noted immediately above, the law is clear that for products to qualify for funding under the Buy America provisions of ISTEA, they must be made entirely within the United States. This policy has not changed since the early days of NAFTA; indeed, Congress restated this policy in the legislative history to H.R. 3, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users”, or “SAFETEA-LU.”