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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchYou may use foreign steel in a public project only after identifying the rule that governs the money and contract, documenting why a domestic-compliant option will not work, and obtaining the required written determination before purchase or installation. For a Title 23 Federal-aid highway project, the administering State department of transportation (DOT) or local public agency (LPA) submits a project-specific request to the Federal Highway Administration (FHWA) Division Office. A federal public-works contract under FAR Subpart 25.2 follows its contracting officer and agency-head process instead; a Build America, Buy America Act (BABA) financial-assistance award follows the funding agency’s implementation of Office of Management and Budget (OMB) guidance.
Do not treat a low foreign quotation as approval. The application must identify the exact steel or iron item, show affirmative domestic-market research, address quantity, quality and delivery, and match the final written decision and contract modification before the material enters the work.
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Identify the governing requirement before you write a waiver request
The funding authority, contract type and permanent use of the material determine the route. Start with the award agreement, solicitation, special provisions and project environmental (NEPA) scope, then classify the project under one of the following regimes.
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Title 23 Federal-aid highway projects
FHWA Buy America requirements cover steel and iron permanently incorporated into a Federal-aid highway project. The administering State DOT or LPA is the requester; a contractor or steel supplier should provide evidence but should not assume it can submit the official request in the agency’s place. FHWA states that a waiver may still be required for foreign steel permanently incorporated in a Federal-aid project when the purchase itself has no federal funding.
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Federal public buildings and public works under FAR Subpart 25.2
FAR Subpart 25.2 applies to contracts for construction, alteration or repair of public buildings or public works in the United States. Under FAR 25.202, the contracting officer may permit foreign construction material when the head of the agency determines that applying the Buy American restriction is impracticable or inconsistent with the public interest, or that the material is unavailable in sufficient and reasonably available United States commercial quantities of satisfactory quality. Follow the solicitation’s contracting-officer instructions; an FHWA request does not replace a FAR determination.
BABA and other USDOT financial-assistance programs
BABA and OMB Memorandum M-24-02 are implemented by each federal assistance agency. The agency’s award terms and waiver procedures control. A general-applicability waiver review under OMB guidance requires a Federal Register notice describing the justification, at least 30 days for public comment, and a published determination that considers the comments. Program waivers can have different forms, signatories and evidence requirements.
Check whether an FHWA waiver is actually necessary
Before preparing a project-specific request, test the less burdensome authorities and thresholds that could resolve the issue.
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FHWA’s 2023 threshold is $2,500 or 0.1% of the total contract amount, whichever is greater. Calculate the value and percentage against the total contract as required by the applicable FHWA provision, document the calculation, and keep it with the project file. Do not describe a material as minimal use merely because it is a small percentage if its dollar value exceeds the applicable threshold.
Alternate bidding
FHWA recognizes alternate bidding when the lowest overall domestic-steel bid is more than 25% higher than the foreign-steel bid (Federal Highway Administration, 2023). Structure and document the bids as the administering agency requires, preserve the complete bid comparison, and confirm that the project can use this authority without a separate duplicative request.
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Existing national, regional or program waivers
Search the current FHWA waiver authorities and the funding program’s published waivers. If an existing waiver covers the same product, project type and conditions, use that authority rather than seeking a project-specific duplicate. Verify the coverage dates, product description, quantity or percentage limits, geographic scope and any reporting conditions.
Two statutory bases for a project-specific FHWA request
FHWA may grant a project-by-project waiver when applying Buy America would be inconsistent with the public interest, or when the steel or iron is not produced in the United States in sufficient and reasonably available quantities of satisfactory quality. FHWA describes public-interest waivers as uncommon; examples it may consider include an emergency or an experimental evaluation. A foreign price that is simply lower is not, by itself, proof of either basis.
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Assemble the evidence package
The agency’s submission should allow a reviewer to identify exactly what is being waived, test the domestic-market search, and understand the consequences of denial. Keep source documents, dates and calculations in a traceable file.
Project and funding identity
- Project name, location, award or project number and funding authority.
- State DOT or LPA, prime contract number, relevant special provisions and the responsible contracting and engineering officials.
- NEPA scope and the portion of work in which the steel or iron will be permanently incorporated.
- Requested decision date, procurement milestone, installation date and any schedule-critical dependency.
Exact item description
- Product name, manufacturer, country of origin, quantity, dimensions, grade, coatings and applicable specifications.
- Drawings, data sheets, mill certificates or other technical documents that define the item rather than a broad category such as “structural steel.”
- Precise location and function in the completed project, including whether the item is permanently incorporated.
- Any fabrication, assembly or component distinction that affects whether the item is treated as steel or iron under the governing provision.
Domestic-market investigation
Nonavailability requires affirmative evidence, not a statement that the project team was unable to find a source. Build a dated supplier log showing every domestic mill, fabricator or distributor contacted, the person contacted, specifications sent, response, quotation or refusal, available quantity, lead time and reason the source fails.
- Obtain written quotations, no-bid letters, capacity statements or refusals from United States suppliers.
- Record searches of industry directories, manufacturer lists and supplier-scouting networks.
- Ask suppliers to address the exact grade, dimensions, testing, coating, fabrication and delivery window; a generic product match is not enough.
- Document whether a supplier could meet only part of the quantity, and whether splitting orders would create an unacceptable technical or schedule problem.
The Port of Los Angeles waiver record illustrates useful methods: supplier scouting through the Manufacturing Extension Partnership network and direct outreach to a domestic bridge-cable manufacturer. Use comparable outreach and retain the resulting correspondence.
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Quality, engineering and substitution analysis
- Compare the foreign item with each plausible domestic source for strength, fatigue, weldability, corrosion performance, dimensional tolerances, testing and certification.
- Explain why redesign, a different grade, a different fabrication method or a substitute product is not feasible, if applicable.
- Identify safety, operations, maintenance and interoperability effects of each alternative.
- Have the engineer of record or other authorized technical official sign the comparison when the agency’s procedures require it.
Cost and schedule evidence
- Provide domestic and foreign quotations on a comparable basis, including quantity, freight, testing, fabrication and other material differences.
- Show delivery dates, production slots, shipping assumptions and the date the item is needed on site.
- Quantify documented cost and schedule impacts of domestic sourcing, redesign, resequencing or delay.
- Explain any public-interest effect, such as an emergency response or a time-critical opening, without presenting a lower purchase price as a public-interest finding by itself.
Agency certification
Include a signed explanation from the State DOT or LPA that identifies the legal basis, summarizes the search and alternatives, confirms the item and quantity, and states that the information is complete to the agency’s knowledge. Attach the existing-waiver and minimal-use checks and the alternate-bid analysis, whether or not they produced a usable alternative.
Submit an FHWA project-specific request
- Confirm coverage and scope. Assemble the funding, contract and NEPA information, then map every foreign steel or iron item to its permanent location. If several products are involved, list each one separately rather than asking for an unrestricted waiver.
- Test alternatives. Apply the $2,500-or-0.1% minimal-use test, check existing national, regional and program waivers, and determine whether properly documented alternate bidding produces an FHWA-compliant result.
- Select the legal basis. State whether the request relies on insufficient or unavailable domestic quantity or satisfactory quality, an uncommon public-interest circumstance, or another authority expressly available to the project. Explain why the other options do not resolve the item.
- Complete the evidence file. Add specifications, drawings, quantities, country of origin, domestic contacts and responses, technical comparisons, delivery dates, cost and schedule effects, alternatives and signed agency statements.
- Send it through the responsible agency. The State DOT or LPA sends the request to the FHWA Division Office for preliminary review and recommendation. FHWA’s Office of Program Administration then performs the formal review and coordinates with the Made in America Director’s office for a final decision.
- Respond during review. Keep one contact authorized to answer technical, procurement and public questions. Supply clarifications promptly and preserve each revised document so the final record shows what was actually considered.
- Wait for the written decision. Do not order, fabricate or install the foreign item on the assumption that approval is likely. Retain domestic-compliant alternatives and schedule contingencies until the written decision and any required contract modification are complete.
Notice, comment and decision controls
FHWA states that it provides informal public notice and an opportunity to comment at least 15 days before waiving a Buy America requirement. Monitor the agency’s open-waiver postings, note the notice and comment dates in the project file, and address substantive agency or public questions in a written response.
A general-applicability BABA waiver follows a different minimum: OMB M-24-02 calls for at least 30 days of public comment through a Federal Register notice, followed by a published determination that considers the comments. A program-specific USDOT process may post the request and decision on its own site. Do not use the FHWA 15-day practice as a substitute for a 30-day BABA notice when the assistance program requires the latter.
The approval must identify the exact products and conditions. Compare the final decision with the purchase order, submittal, mill certificates and installation record. If the grade, quantity, manufacturer, origin, location or conditions change, stop and ask the administering agency whether an amended approval is required.
How the principal routes differ
| Question | FHWA Title 23 project waiver | FAR Subpart 25.2 public-works contract | BABA or program-specific financial assistance |
|---|---|---|---|
| Governing authority | FHWA Buy America requirements for Federal-aid highway projects | FAR Subpart 25.2 and the solicitation | BABA, OMB M-24-02 and the awarding agency’s implementation |
| Requester or decision path | State DOT or LPA submits to the FHWA Division Office; FHWA Office of Program Administration conducts formal review and coordinates with the Made in America Director’s office | Follow the contracting officer; the head of the agency makes the determination described in FAR 25.202 | Follow the federal awarding agency’s designated office and award terms |
| Typical legal bases | Insufficient or unavailable domestic quantity or satisfactory quality; inconsistent public interest; recognized alternate-bid or minimal-use authority where applicable | Impracticable or inconsistent with public interest; insufficient and reasonably available United States commercial quantities of satisfactory quality | Program-specific bases; OMB general-applicability review requires a documented justification and consideration of comments |
| Notice and comment | FHWA says at least 15 days of informal notice and opportunity to comment before a waiver | Follow the solicitation and contracting-agency procedure; no FHWA notice period applies automatically | At least 30 days for a general-applicability waiver under OMB M-24-02; program procedures may add requirements |
| Approval scope | Normally project-specific, with exact products and conditions | Determination for the particular construction material and contract | May be general or program/project-specific, depending on the agency |
| Evidence emphasis | Domestic supplier search, technical suitability, quantity, delivery, cost, alternatives and agency certification | Material availability or public-interest finding directed by the contracting officer | Evidence required by the awarding agency, plus the program’s public-notice and publication rules |
Use a controlled project checklist
Before transmitting a request, the agency should be able to answer yes to each applicable item:
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- Funding authority and contract type are identified, and the correct waiver route is selected.
- The material is confirmed to be steel or iron permanently incorporated into the work, with its exact location recorded.
- Product specifications, drawings, manufacturer, country, quantity and required-on-site date are attached.
- Domestic mills and fabricators were contacted with the actual technical requirements, and responses are dated and retained.
- Quantity, quality, delivery, cost, safety and schedule consequences are compared for domestic and foreign options.
- Redesign, substitution, splitting the order, alternate bidding and existing waivers were considered and documented.
- The minimal-use calculation is attached where relevant, using $2,500 or 0.1% of total contract value, whichever is greater, for the FHWA threshold.
- The authorized State DOT, LPA, contracting officer or awarding agency signs the submission required by its route.
- Notice, comment and response dates are calendared, and the record includes comments and agency answers.
- Procurement and installation are held until written approval and any contract modification are effective.
Common reasons requests fail or create later problems
Submitting to the wrong authority
An LPA cannot use a contractor’s letter as a substitute for the FHWA submission, and an FHWA package cannot substitute for a FAR contracting-officer determination. Recheck the award and solicitation before sending anything.
Relying on price alone
A lower foreign quotation does not establish domestic nonavailability or public interest. Show the domestic search, technical comparison and delivery evidence. Use the 25% alternate-bidding authority only when the bid structure and project rules support it.
Using vague product descriptions
“Steel components” does not tell a reviewer what may be purchased. Identify the exact grade, dimensions, fabrication, quantity, origin and permanent location so the decision can be enforced.
Leaving the delivery window unproved
Unavailability can be a quantity, quality or timing problem, but each requires evidence. Obtain written lead times and capacity statements tied to the project’s required date rather than general market opinions.
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A waiver is not a blanket authorization for other products or quantities. Match purchase orders, submittals and installation records to the written decision and seek agency direction before any change.
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Assuming a waiver is guaranteed or fast
No authoritative source establishes a guaranteed approval percentage or an average FHWA processing time. Build a schedule that includes review, notice and comment, clarifications, possible contract modification and a domestic fallback.
After the decision
Place the written approval, notice record, comments, agency responses, contract modification, supplier documents, mill certificates and installation evidence in the permanent project file. Procurement staff should release only the products and quantities listed in the approval. Construction staff should verify origin and specifications at delivery, and the project manager should record any substitution request before it reaches the work.
If the request is denied or narrowed, use the documented alternatives: a domestic source, redesign, resequencing, alternate bidding where authorized, or a compliant existing waiver. Do not install noncompliant material while an appeal, clarification or revised request is pending.
The Bottom Line
The shortest defensible path is to identify the governing program, prove the exact domestic-supply problem with dated market evidence, submit through the authorized agency, complete the required notice and comment, and wait for written approval that matches the material before procurement or installation.
Quick Recap
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
