BUY AMERICA PROVISIONS Sample Clauses

BUY AMERICA PROVISIONS. The GRANTEE will comply with the provisions of the Buy America Provisions (23 USC 313) which contains the following requirements. Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation.
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BUY AMERICA PROVISIONS. Buy America provisions, in accordance with Title 23, United States Code, Section 313 and Title 23, Code of Federal Regulations, Section 635.410 apply to the RELOCATION WORK covered by this Utility Relocation Agreement. All steel and iron products permanently incorporated into Federal-Aid projects shall be products that have been entirely manufactured within the United States. All manufacturing processes of the steel or iron material in a product (i.e., smelting and any subsequent process which alters the steel material’s physical form or shape or changes its chemical composition) must occur within the United States to be considered of domestic origin. This includes processes such as rolling, extending, machining, bending, grinding, drilling and coating. Buy America requirements of Titles 23, Code of Federal Regulations, Section 635.410 are applicable to all Federal-Aid construction projects. The OWNER shall provide the UTILITIES & PERMITS UNIT with a written certification prior to performing any RELOCATION WORK pursuant to this Utility Relocation Agreement, confirming that only domestic steel and/or iron products will be used by OWNER for this project. Documentation Records proving this certification must be maintained by the OWNER for three (3) years after final payment under this agreement is made. This Buy America Certification may be subject to audit and may be used in any proceeding under the False Claims Act, Xxxxx 00, Xxxxxx Xxxxxx Code, Section 1020 and Title 23 Code of Federal Regulations, Section 635.119. Further, failure to comply with any Buy America requirements may jeopardize reimbursement of the RELOCATION WORK.
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BUY AMERICA PROVISIONS. The Buy America Provisions of Subsection 7.01 G. of the Standard Specifications shall apply to steel used for temporary support of excavation, including H piles, soldier piles, and sheeting when the steel is required to be left in place. Temporary steel shall remain in place when it falls within the influence zone of the soil supporting any structure or railroad tracks. The influence line is defined by a line extending out at 45° from the toe of structure being supported.
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BUY AMERICA PROVISIONS. Pursuant to the "Buy America Provisions" of the Surface Transportation Assistance Act (STAA) of 1982 as promulgated by current FHWA regulation 23 CFR 635.410 and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) amendment to (STAA), all steel and iron materials permanently installed on this Project shall be manufactured, including application of a coating, in the United States, unless a waiver of these provisions is granted. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. The Request for waiver must be presented in writing to CPRA by the XXXX Contractor. Such waiver may be granted if it is determined that: The application of Buy America Provisions would be inconsistent with the public interest; or Such materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. Minimal use of foreign steel and iron materials will be allowed without waiver provided the cost of these materials does not exceed 0.l percent of the Lump Sum Contract Price or $2,500, whichever is greater; however, the XXXX Contractor shall make written request to CPRA’s Construction Engineering Administrator for permission to use such foreign materials and shall furnish a listing of the materials, their monetary value, and their origin and place of production. The burden of proof for the origin and place of production and any request for waiver is the responsibility of the XXXX Contractor. Prior to the use of steel and iron materials in the project, the XXXX Contractor shall furnish Mill Test Reports to CPRA's Project Manager for such steel and iron materials, accompanied by a certification stating that the Mill Test Reports represent the steel and iron materials to be furnished and that such materials were produced and fabricated in the United States. Pig iron and processed, pelletized, and reduced iron ore are exempt from the Buy America Provisions.
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BUY AMERICA PROVISIONS. When a Contractor is asked to supply materials as part of their lump sum bid proposal for a federal-aid project, the Contractor shall adhere to the requirement of the Buy America Provisions of the 2011 Standard Specifications for the Construction Book, Section 107.22.
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