to Question 1 above ? i . Non-ferrous metals ii . Plastic and Polymer based Products iii . Glass iv . Lumber v . Drywall vi . Other ( please specify )
( 5 ) Are the final manufacturing process and the immediately preceding manufacturing stage different for different types of products made from similar materials ( e . g ., Polyvinyl Chloride ( PVC ) or High-Density Polyethylene ( HDPE ) pipe vs . PVC or HDPE lumber )?
( 6 ) Certain DOT OAs have long provided definitions of “ manufacturing processes ” in their implementing regulations for Buy America requirements . For example , FTA ’ s regulation at 49 CFR 661.3 , which it applies to manufactured products , states : “[ T ] he application of processes to alter the form or function of materials or of elements of the product in a manner adding value and transforming those materials or elements so that they represent a new end product functionally different from that which would result from mere assembly of the elements or materials .” FHWA ’ s regulation for steel and iron materials at 23 CFR 635.410 ( b )( 1 ) applies to all “ manufacturing processes , including application of a coating , for these materials must occur in the United States . Coating includes all processes which protect or enhance the value of the material to which the coating is applied .” Should the same ( or a similar ) definition of a manufacturing process apply to the final manufacturing process and the immediately preceding manufacturing stage for construction materials commonly used in DOT-funded projects ? If not , why not , and is there another standard for manufacturing processes that might be more appropriate to apply to construction materials ?
( 7 ) Are there some items in OMB ’ s list of construction materials that typically are used in DOT-funded projects only after they have been combined into a manufactured product ? For example , is glass regularly used by itself as a construction material , or does it usually arrive at a project already incorporated with other materials as a manufactured product ?
( 8 ) FTA already has an established procedure for bidders or offerors to certify the origin of steel and iron and manufactured products in its implementing regulation at 49 CFR § 661.6 . Should FTA require the same procedure to assure the origin of construction materials for FTAfunded projects ? If not , what should FTA do differently ?
( 9 ) Under FHWA-funded programs , State DOTs are responsible for Buy America compliance , per 23 CFR 635.410 ( d ). Bidders are required to comply with the project specifications , including Federal-aid projects with Buy America requirements . Most State DOTs require certifications / Stepcertifications from bidders / contractors / suppliers to ensure compliance . Should FHWA continue to follow this process for certifying construction materials ? If not , what should FHWA do differently ?
( 10 ) A commenter on DOT ’ s proposed temporary Buy America waiver for construction materials stated that “ the ability to certify materials will grow over time , so there should be a good faith certification process that can be refined over time .” What would such a “ good faith certification process ” that can be implemented in the near term ( i . e ., prior to the expiration of the temporary waiver on November 10 , 2022 ) look like ? What steps would be required to refine those processes over time ?
( 11 ) Is the standard in the OMB Initial
8 DITCHMEN • JULY 2022