Member Login

“Compliance Assistance with Iron and Steel Reqs”

Texas Water Infrastructure Network - Buy American

The 83rd Texas Legislature, amended Texas Water Code ยง17.183 to require that political subdivisions receiving financial assistance from the Texas Water Development Board (TWDB) include provisions in project contracts for iron and steel products and for manufactured goods. This requirement  applies to contracts paid for with financial assistance from the Water Infrastructure Fund, Rural Water Assistance Fund, Texas Water Development Fund II Water Financial Assistance Account (DFund), or the Economically Distressed Areas Program Account.

 

On January 17, 2014, U.S. Congress passed the “Consolidated Appropriations Act, 2014,” applying “Stimulus like” requirements for all projects funded by the TWDB administered Clean and Drinking Water State Revolving Fund or “SRF” programs. H.R. 3547 did not include provisions for manufactured goods and specifically lists certain materials and supplies which are impacted by the new requirement. This has been extended by Congress and is presently still in effect.

 

Effectively this means that all financial assistance provided by the TWDB for capital projects may fall under these new requirements.  Requirements may be waived in some circumstances where products and manufactured goods are not available in sufficient quantities, readily available, are not of a satisfactory quality; or the use of such products or goods will increase the total cost of the project by more than 20 percent (or 25% in the case of SRF funded projects).

 

Please note that projects with federal and state iron and steel requirements are required to be designed to this standard and appropriate notice must be included in bid notices and documents, unless the requirement has been waived.  Please note that there are certain exceptions for manufactured goods in federal requirements and diminimus exceptions for small and incidental items incorporated into projects up to a certain amount. The requirements are differenct for federal and state programs and we highly encourage owners, engineers, suppliers, manufacturers and contractors to proceed with caution and contact TxWIN staff or TWDB if you have any questions.

 

Click here to view EPA American Iron and Steel Guidance for projects receiving State Revolving Fund or SRF Funding including links to waiver information.

 

Click here to access TWDB guidance and reporting documents for both state and federal requirements. 

Click here to view SRF American Iron and Steel (AIS) Guidance applicable to the Clean Water and Safe Drinking Water State Revolving Loan Funds.

Click here to view  U.S. Iron and Steel (USIS) Guidance applicable to the Texas Water Development Fund II Water Financial Assistance Account, the Economically Distressed Areas Program Account, the Water Infrastructure Fund, the Rural Water Assistance Fund.

Please note these requirements do not apply to projects with SWIFT funding.

 

Additional helpful compliance documents from TWDB for contractors and owners can be found here.

Please contact us for additional compliance assistance.

Link-Arrow-15Back to Issues

Copyright 2015 TxWIN