UNITED STATES DEPARTMENT OF AGRICULTURE

Rural Utilities Service 

RUS BULLETIN 1780-35

RD-GD-2017-88

SUBJECT: Guidance for the Implementation of American Iron and Steel (AIS) 

Requirements with Rural Utilities Service (RUS) Financial Assistance

TO: Rural Development (RD) state directors, RUS program directors, and state engineers. 

EFFECTIVE DATE: Date of approval. 

OFFICE OF PRIMARY INTEREST: Engineering and Environmental Staff (EES), Water and 

Environmental Programs (WEP). 

INSTRUCTIONS: This is a new Bulletin and does not replace any existing RUS Bulletin. 

AVAILABILITY: This Bulletin, as well as any RD or RUS instructions, regulations, or forms 

referenced in this Bulletin are available at any RD State Office. The State Office staff is familiar

with the use of the documents in their States and can answer specific questions on RD

requirements. 

This Bulletin is available on the RUS website at https://www.rd.usda.gov/publications/regulationsguidelines/bulletins/water-and-environmental.

PURPOSE: This Bulletin assists RD staff in providing information and guidance to 

applicants, professional consultants, general contractors, and manufacturers regarding the

AIS Requirements mandated by Section 746 of Title VII of the Consolidated 

Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and 

Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent 

statutes mandating domestic preference. The intended outcome of this Bulletin is to

instruct and inform RD State Office staff and others on how to implement these 

requirements to ensure compliance with the AIS requirements.

MODIFICATIONS: RD State Offices may modify this guidance when appropriate to comply 

with state statutes and regulations in accordance with the procedures outlined at RD Instruction 

2006-B (2006.55). 

August 30, 2017 

Date

Acting Assistant Administrator

Water and Environmental Programs

DISCLAIMER: The contents of this guidance document does not have the force and effect of law and is not 

meant to bind the public in any way. This document is intended only to provide clarity to the public regarding 

existing requirements under the law or agency policies.
RUS Bulletin 1780-35

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TABLE OF CONTENTS

1 BACKGROUND...............................................................................................................................8

2 APPLICABILITY ...........................................................................................................................10

3 IMPLEMENTATION .....................................................................................................................11

4 RESPONSIBILITIES UNDER THE WATER & WASTE DISPOSAL (WWD) LOAN & GRANT 

PROGRAM: AGENCY RESPONSIBILITIES .................................................................................11

5 OWNER RESPONSIBILITIES ......................................................................................................13

6 CONSULTING ENGINEER RESPONSIBILITIES.......................................................................13

7 CONSTRUCTION CONTRACTOR RESPONSIBILITIES ..........................................................14

8 MANUFACTURER, SUPPLIER, DISTRIBUTOR RESPONSIBILITIES ...................................15

9 PASS THROUGH ENTITIES.........................................................................................................15

10 ULTIMATE RECIPIENT ...............................................................................................................15

11 RESPONSIBILITIES UNDER THE GUARANTEED LOAN PROGRAM..................................16

12 ECWAG ..........................................................................................................................................16

13 SECTION 306C COLONIAS AND TRIBAL SET-ASIDE GRANTS ..........................................16

14 RURAL ALASKAN NATIVE VILLAGE GRANTS ....................................................................16

15 RURAL ECONOMIC AREA PARTNERSHIP ZONE (REAP)....................................................16

16 CONTRACT PROVISIONS...........................................................................................................16

17 PROVISIONS OF LETTERS OF CONDITIONS, LOAN RESOLUTIONS, GRANT 

AGREEMENTS, AND CONDITIONAL COMMITMENTS ........................................................29

18 PURCHASE OF EQUIPMENT AND MATERIALS.....................................................................31

19 WAIVER PROCESS.......................................................................................................................32

20 MONITORING ...............................................................................................................................34

21 NON-COMPLIANCE .....................................................................................................................34

22 INTERNATIONAL AGREEMENTS.............................................................................................34

23 USE OF EXHIBITS ........................................................................................................................34
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Exhibits:

A AMERICAN IRON & STEEL COMPLIANCE STATEMENT

B ENGINEER’S CERTIFICATION OF COMPLIANCE

C GENERAL CONTRACTOR’S (PRIME) CERTIFICATION OF COMPLIANCE 

D EXAMPLE OF A MANUFACTURER’S CERTIFICATION LETTER OF 

COMPLIANCE 

E EXAMPLES OF MUNICIPAL CASTINGS

F EXAMPLES OF CONSTRUCTION MATERIALS

G EXAMPLES OF NON-CONSTRUCTION MATERIALS

H INFORMATIONAL CHECKLIST FOR PROJECT SPECIFIC WAIVER REQUEST

I EXAMPLE COST TABLE FOR A PROJECT COST WAIVER

J CHECKLIST FOR STATE ENGINEERS

ABBREVIATIONS

AIS – American Iron and Steel

ANTHC – Alaska Native Tribal Health Consortium

AWWA – American Water Works Association

CFR – Code of Federal Regulations

EO – Executive Order

NIST – National Institute of Standards and Technology

NSF – National Sanitation Foundation

OGC – Office of General Counsel

PL – Public Law

PER – Preliminary Engineering Report

RAVG – Rural Alaska Village Grant

RD – Rural Development

RUS – Rural Utilities Service

USC – United States Code

USDA – United States Department of Agriculture

WEP – Water and Environmental Programs

WWD – Water and Waste Disposal
RUS Bulletin 1780-35

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DEFINITIONS

“Assistance recipient” is the entity that receives funding assistance from programs required to 

comply with Section 746 Division A Title VII of the Consolidated Appropriations Act of 2017 

(Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017) and subsequent statutes mandating domestic preference. This term 

includes owner and/or applicant.

“Certifications” means the following: 

• Manufacturers’ certification is documentation provided by the manufacturer or fabricator 

to various entities stating that the iron and steel products to be used in the project are 

produced in the United States in accordance with American Iron and Steel (AIS) 

Requirements. If items are purchased via a supplier, distributor, vendor, etc. vs. from the 

manufacturer or fabricator directly, then the supplier, distributor, vendor, etc. will be 

responsible for obtaining and providing these certification letters to the parties purchasing 

the products.

• Engineers’ certification is documentation that plans, specifications, and bidding 

documents comply with AIS. 

• Contractors’ certification is documentation submitted upon substantial completion of the 

project that all iron and steel products installed were produced in the United States.

“Coating” means a covering that is applied to the surface of an object. If a coating is applied to 

the external surface of a domestic iron or steel component, and the application takes place 

outside of the United States, said product would be considered a compliant product under the 

AIS requirements. Any coating processes that are applied to the external surface of iron and steel 

components that would otherwise be AIS compliant would not disqualify the product from 

meeting the AIS requirements regardless of where the coating processes occur, provided that 

final assembly of the product occurs in the United States. This exemption only applies to 

coatings on the external surface of iron and steel components. It does not apply to coatings or 

linings on internal surfaces of iron and steel products, such as the lining of lined pipes. All 

manufacturing processes for lined pipes, including the application of pipe lining, must occur in 

the United States for the product to be compliant with AIS requirements.

“Construction materials” are those articles, materials, or supplies made primarily of iron and 

steel, that are permanently incorporated into the project, not including mechanical and/or 

electrical components, equipment and systems. Some of these products may overlap with what is 

also considered “structural steel”. See Exhibit F for examples. 

Note: Mechanical and electrical components, equipment and systems are not considered 

construction materials. See definition of mechanical and electrical equipment.

“Consulting engineer” is an individual or entity with which the owner has contracted to perform 

engineering/architectural services for water and waste projects funded by the programs subject to 

AIS requirements).

“De minimis incidental components” are various miscellaneous low-cost components that are 

essential for, but incidental to, the construction and are incorporated into the physical structure of 
RUS Bulletin 1780-35

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the project. Examples of incidental components could include small washers, screws, fasteners 

(such as “off the shelf” nuts and bolts), miscellaneous wire, corner bead, ancillary tube, signage, 

trash bins, door hardware etc.

Costs for such de minimis incidental components cumulatively may comprise no more than a 

total of five percent of the total cost of the materials used in and incorporated into a project; the 

cost of an individual item may not exceed one percent of the total cost of the materials used in 

and incorporated into a project.

“General contractor” is the individual or entity with which the applicant has contracted (or is 

expected to) to perform construction services (or for water and waste projects funded by the 

programs subject to AIS requirements). This includes bidders, contractors that have received an 

award from the applicant and any party having a direct contractual relationship with the 

owner/applicant. A general contractor is often referred to as the prime contractor.

“Iron and steel products” are defined as the following products made primarily of iron or steel: 

lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, 

flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and 

construction materials. Only items on the above list made primarily of iron or steel, permanently 

incorporated into the project must be produced in the United States. For example trench boxes, 

scaffolding or equipment, which are removed from the project site upon completion of the 

project, are not required to be made of U.S. Iron or Steel.

“Manufacturers” meaning a supplier, fabricator, distributor, materialman, or vendor is an entity 

with which the applicant, general contractor or with any subcontractor has contracted to furnish 

materials or equipment to be incorporated in the project by the applicant, contractor or a 

subcontractor. 

“Manufacturing processes” are processes such as melting, refining, forming, rolling, drawing, 

finishing, and fabricating. Further, if a domestic iron and steel product is taken out of the United 

States for any part of the manufacturing process, it becomes foreign source material. However, 

raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS 

requirement, and the material(s), if any, being applied as a coating are similarly not covered. 

Non-iron or steel components of an iron and steel product may come from non-US sources. For 

example, for products such as valves and hydrants, the individual non-iron and steel components 

do not have to be of domestic origin. Raw materials, such as iron ore, limestone, scrap iron, and 

scrap steel, can come from non-U.S. sources. 

“Mechanical equipment” is typically that which has motorized parts and/or is powered by a 

motor. “Electrical equipment” is typically any machine powered by electricity and includes 

components that are part of the electrical distribution system. AIS does apply to mechanical 

equipment.

“Minor components” are components within an iron and/or steel product otherwise compliant 

with the American Iron and Steel requirements. This is different from the de minimis definition 

where de minimis pertains to the entire project and the minor component definition pertains to a 

single product. This waiver, would allow non-domestically produced miscellaneous minor 
RUS Bulletin 1780-35

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components comprising up to five percent of the total material cost of an otherwise domestically 

produced iron and steel product to be used. However, unless a separate waiver for a product has 

been approved, all other iron and steel components in said product must still meet the AIS 

requirements. This waiver does not exempt the whole product from the AIS requirements only 

minor components within said product and the iron or steel components of the product must be 

produced domestically. Valves and hydrants are also subject to the cost ceiling requirements 

described here. Examples of minor components could include items such pins and springs in 

valves/hydrants, bands/straps in couplings, and other low cost items such as small fasteners etc.

“Municipal castings” are cast iron or steel infrastructure products that are melted and cast. They 

typically provide access, protection, or housing for components incorporated into utility owned 

drinking water, storm water, wastewater, and solid waste infrastructure. See Exhibit E for 

examples. 

“National Office” refers to the office responsible for the oversight and administration of the 

program nationally. The National Office sets policy, develops program regulations, and provides 

training and technical assistance to help the state offices administer the program. The National 

Office is located in Washington, D.C. 

“Owner” is the individual or entity with which the general contractor has contracted regarding 

the work, and which has agreed to pay the general contractor for the performance of the work, 

pursuant to the terms of the contract for water and waste projects funded by the programs subject 

to AIS requirements. For the purpose of this Bulletin, this term is synonymous with the term

“applicant” as defined in 7 CFR 1780.7 (a) (1), (2) and (3) and is an entity receiving financial 

assistance from the programs subject to the AIS requirements.

“Pass through Entities” is an entity that provides a subaward to a loan and/or grant recipient to 

carry out part of a Federal program. Examples are grantees utilizing the Revolving Loan 

Program and Household Water Well Program and Alaska Native Tribal Health Consortium 

(ANTHC) or the State of Alaska from the RAVG Program.

“Primarily iron or steel” is defined as a product made of greater than 50 percent iron or steel, 

measured by cost. The cost should be based on the material costs. An exception to this definition 

is reinforced precast concrete (see Definitions). All technical specifications and applicable 

industry standards (e.g. NIST, NSF, AWWA) must be met. If a product is determined to be less 

than 50 percent iron and steel, the AIS requirements do not apply.

For example, the cost of a fire hydrant includes:

(1) The cost of materials used for the iron portion of a fire hydrant (e.g. bonnet, body and shoe);

and

(2) The cost to pour and cast to create those components (e.g. labor and energy).

Not included in the cost are:

(1) The additional material costs for the non-iron and steel internal workings of the hydrant (e.g. 

stem, coupling, valve, seals, etc.); and

(2) The cost to assemble the internal workings into the hydrant body.
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“Produced in the United States” means that the production in the United States of the iron or 

steel products used in the project requires that all manufacturing processes must take place in the 

United States, with the exception of metallurgical processes involving refinement of steel 

additives. 

“Project” is the total undertaking to be accomplished for the applicant by consulting engineers, 

general contractors, and others, including the planning, study, design, construction, testing, 

commissioning, and start-up, and of which the work to be performed under the contract is a part. 

A project includes all activity that an applicant is undertaking to be financed in whole or part by 

programs subject to AIS requirements. The intentional splitting of projects into separate and 

smaller contracts or obligations to avoid AIS requirements is prohibited. 

“Reinforced Precast Concrete” may not consist of at least 50 percent iron or steel, but the 

reinforcing bar and wire must be produced in the United States and meet the same standards as 

for any other iron or steel product. Additionally, the casting of the concrete product must take 

place in the United States. The cement and other raw materials used in concrete production are 

not required to be of domestic origin. If the reinforced concrete is cast at the construction site, 

the reinforcing bar and wire are considered to be a construction material and must be produced in 

the United States.

“Steel” means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, 

and may include other elements. Metallic elements such as chromium, nickel, molybdenum, 

manganese, and silicon may be added during the melting of steel for the purpose of enhancing 

properties such as corrosion resistance, hardness, or strength. The definition of steel covers 

carbon steel, alloy steel, stainless steel, tool steel, and other specialty steels.

“Structural steel” is rolled flanged shapes, having at least one dimension of their cross-section 

three inches or greater, which are used in the construction of bridges, buildings, ships, railroad 

rolling stock, and for numerous other constructional purposes. Such shapes are designated as 

wide-flange shapes, standard I-beams, channels, angles, tees, and zees. Other shapes include but 

are not limited to, H-piles, sheet piling, tie plates, cross ties, and those for other special purposes.

“Ultimate recipient” is a loan or grant recipient receiving funds from a pass-through entity. 

Examples include: (1) a loan recipient from the Revolving Loan Fund; (2) a loan recipient from 

the Household Water Well Program; and (3) a grant recipient from ANTHC or the State of 

Alaska from the RAVG Program.

“United States” means each of the several states, the District of Columbia, and each Federally 

Recognized Indian Tribe. 
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1 BACKGROUND

a Section 746 Division A Title VII of the Consolidated Appropriations Act of 2017 

(Agriculture, Rural Development, Food and Drug Administration, and Related 

Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic 

preference, applies a new American Iron and Steel (AIS) requirement to the 

following programs: 

(1) Water and Waste Disposal Loan and Grant program; 

(2) Guaranteed Loan Funds; 

(3) Revolving Loan Funds; 

(4) Emergency Community Water Assistance Grants; 

(5) Section 306C Colonias and Tribal Set-Aside Grants; 

(6) Rural Alaskan Native Village Grants; 

(7) Household Water Well System Grants; and 

(8) Rural Economic Area Partnership Zone projects. 

b The basic concept of this new requirement is that all iron and steel products used 

in projects funded by RUS WEP must be produced in the United States. Iron and 

steel products are specifically defined and does not include every item consisting 

of any quantity of iron and/or steel. 

c Statutory Language: SEC. 746 Division A Title VII the Consolidated 

Appropriations Act of 2017.

(a)(1) No Federal funds made available for this fiscal year for the rural water, 

waste water, waste disposal, and solid waste management programs authorized by 

sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the 

construction, alteration, maintenance, or repair of a public water or wastewater 

system unless all of the iron and steel products used in the project are produced in 

the United States.

(2) In this section, the term “iron and steel products” means the following 

products made primarily of iron or steel: lined or unlined pipes and fittings, 

manhole covers and other municipal castings, hydrants, tanks, flanges, pipe 

clamps and restraints, valves, structural steel, reinforced precast concrete, and 

construction materials.
RUS Bulletin 1780-35

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(b) Subsection (a) shall not apply in any case or category of cases in which the 

Secretary of Agriculture (in this section referred to as the “Secretary”) or the 

designee of the Secretary finds that—

(1) applying subsection (a) would be inconsistent with the public interest;

(2) iron and steel products are not produced in the United States in sufficient and 

reasonably available quantities or of a satisfactory quality; or

(3) inclusion of iron and steel products produced in the United States will increase 

the cost of the overall project by more than 25 percent.

(c) If the Secretary or the designee receives a request for a waiver under this 

section, the Secretary or the designee shall make available to the public on an 

informal basis a copy of the request and information available to the Secretary or 

the designee concerning the request, and shall allow for informal public input on 

the request for at least 15 days prior to making a finding based on the request. The 

Secretary or the designee shall make the request and accompanying information 

available by electronic means, including on the official public Internet Web site of 

the Department.

(d) This section shall be applied in a manner consistent with United States 

obligations under international agreements.

(e) The Secretary may retain up to 0.25 percent of the funds appropriated in this 

Act for “Rural Utilities Service—Rural Water and Waste Disposal Program 

Account” for carrying out the provisions described in subsection (a)(1) for 

management and oversight of the requirements of this section.

(f) Subsection (a) shall not apply with respect to a project for which the 

engineering plans and specifications include use of iron and steel products 

otherwise prohibited by such subsection if the plans and specifications have 

received required approvals from State agencies prior to the date of enactment of 

this Act.

(g) For purposes of this section, the terms “United States” and “State” shall 

include each of the several States, the District of Columbia, and each federally 

recognized Indian tribe.

d American Iron and Steel (AIS) refers to requirements mandated by Section 746 

Division A Title VII of the Consolidated Appropriations Act of 2017 

(Agriculture, Rural Development, Food and Drug Administration, and Related 

Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic 

preference.

e The statute refers to Section 746 Division A Title VII of the Consolidated 

Appropriations Act of 2017 (Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and subsequent 

statutes mandating domestic preference.
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2 APPLICABILITY

a The requirements of AIS apply only to projects that construct, alter, enlarge, 

extend, maintain, repair or otherwise improve rural water, sanitary sewage, solid 

waste disposal, and storm wastewater disposal facilities.

b The requirements apply to projects using funds from programs listed in Section 1 

a of this Bulletin. Any amount of funding from these programs requires 

compliance with the AIS requirements. Use of funds from these programs is not 

allowed unless the requirements for AIS are met for the entire project. Projects 

that leverage funds from other funding sources are also subject the requirements.

c The requirements apply in the United States as defined in Section 746 (g) of the 

statute and therefore do not apply to projects located in Puerto Rico, the Virgin 

Islands, or the Western Pacific Territories. 

d The requirements apply to any used AIS products to be constructed in the project. 

e The requirements do not apply to projects for which any funds were obligated on 

or before May 5, 2017. The requirements therefore do not apply to subsequent 

obligations of funds for projects which had an initial obligation of funds on or 

before May 5, 2017. 

f The requirements do not apply to contracts which were executed prior to or on 

May 5, 2017, regardless of the date of obligation.

g The requirements do not apply to projects for which contracts were executed

and/or construction is already underway and/or completed prior to applying to 

USDA funding.

h The requirements do not apply to products primarily composed of iron and/or 

steel (composed of more than 50 percent) if they are not listed in the statute.

i The requirements do not apply to raw materials used in the production of iron or 

steel such as iron ore, limestone, scrap iron and scrap steel.

j The requirements do not apply to any items that are at the construction site 

temporarily, such as scaffolding, trench boxes, or equipment temporarily used or 

stored on site.

k The requirements do not apply when the sole purpose of the loan and/or grant is 

to fund non-construction activities such as capacity/connection fees or the 

acquisition of a system. 
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l The requirements supersede any regulation on full and open competition stated in 

7 CFR 1780.70 (b) and 2 CFR Part 200.319. For example, if an iron and steel 

product that is compliant with AIS is made by only one manufacturer provided 

documentation is submitted and verified, sole source procurement of said product 

may be used.

m The requirements only apply to the final product as delivered to the work site and 

incorporated into the project. The need for compliance of an item with AIS 

depends on whether or not the final assembled product is listed. Components of a 

final product even if they are listed, do not need to comply with the AIS 

requirements. In the case of an assembled product where the primary component 

is not listed in the 2017 Consolidated Appropriations Act and includes 

components/appurtenances that are specifically listed, said assembled product is 

not subject to AIS (e.g. pump assembly).

3 IMPLEMENTATION (Agency, Owner, Engineer, General Contractor, Manufacturers et. 

al., Pass through Entities, Ultimate Recipients)

a There are several parties involved in compliance with the AIS requirements and 

some requirements are specific to a party. 

b The parties that have one or more responsibilities under AIS include: the Agency, 

funding recipients under the Water and Waste Disposal Loan and Grant program 

and Guaranteed Loan Program, consulting engineers, construction contractors, 

suppliers, distributors, manufacturers, lenders under the Guaranteed Loan 

Program; grantees under the revolving loan program, Household Water Well 

program, and grantees under the 306C, ECWAG programs, and RAVG programs, 

as well as loan recipients under the Revolving Loan and Household Water Well 

program. 

c For exceptions please see Section 2.

4 RESPONSIBILITIES UNDER THE WATER & WASTE DISPOSAL (WWD) LOAN & 

GRANT PROGRAM: AGENCY RESPONSIBILITIES

a State Director:

(1) Approve and set aside a sufficient budget for travel so that Area Specialists 

and State Engineers can perform their responsibilities under this section. 
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b Community Programs Director:

(1) Ensure that all Grant Agreements, Letters of Conditions, Loan Resolutions

and Conditional Commitments for Guarantees, include appropriate language 

prior to obligation of funds (see Section 17).

(2) Budget for travel so that State Engineers (as applicable) can perform their 

responsibilities under this section.

c State Engineer: 

(1) Ensure that the cost estimates in the PER reflect AIS requirements.

(2) Ensure that agreements for engineering services include AIS language (see 

Section 16).

(3) Ensure that plans, specifications and bidding documents include required

language (see Section 16).

(4) Obtain engineer’s certification letter where the consulting engineer certifies 

that plans, specifications, and bidding documents comply with AIS and 

commits that bid addenda, executed contracts and change orders will 

comply with AIS (see Exhibit B).

(5) Monitoring: For each project, perform a site visit during active construction 

and complete the AIS checklist (see Exhibit J). Provide an electronic copy to 

National Office upon final payment.

(6) Change orders and partial payment estimates: Verify the consulting 

engineer, general contractor and owner have signed C-941 and C-620 of 

EJCDC and manufacturers’ certifications letters (as applicable) (see Exhibit 

D) are included with the submittal.

(7) Substantial completion of project: Obtain a copy of the contractor’s 

certification letter (see Exhibit C). Obtain a list of manufacturers from the 

consulting engineer for AIS products used in the project (including 

manufacturer name and location, product(s)) and provide an electronic copy 

to the National Office Engineer(s).

(8) Special cases:

(a) Where owner provides their own engineering and/or construction 

services, obtain copies of engineers’, contractors’ (prepared by the 

owner), and manufacturers’ certification letters (as applicable) for the 

Agency to insert into the Agency file. 

(b) Where owner directly procures AIS products, obtain copies of 

manufacturers’ certification letters for the Agency to insert into the 

Agency file.

d Area Office Specialist:

(1) Pre-construction Conference: Read a statement outlining the AIS 

requirements (see Exhibit A) during the conference.

(2) Guaranteed Program: Ensure that conditional commitments include AIS 

language (i.e. Section 17 a)

(3) Partial payment estimates: Verify that the consulting engineer, general 

contractor and owner have signed C-620 of EJCDC.
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5 OWNER RESPONSIBILITIES

a Owners are ultimately responsible for compliance with AIS requirements.

(1) Sign loan resolutions, grant agreements and letters of intent to meet 

conditions which include AIS language, accepting AIS requirements in 

those documents and in the letter of conditions. 

(2) Sign agreements for engineering services, executed construction contracts 

and all other appropriate and necessary documents which include AIS 

language.

(3) Acknowledge responsibility for compliance with AIS requirements by

signing change orders (i.e. C-941 of EJCDC) and partial payment estimates

(i.e. C-620 of EJCDC).

(4) Substantial completion of project: Obtain the certification letters from the 

consulting engineer and maintain this documentation for the life of the loan.

(5) Special Cases

(a) Where the owner provides their own engineering and/or construction 

services, provide copies of engineers’ (see Exhibit B), contractors’ (see 

Exhibit C), and manufacturers’ certification letters (see Exhibit D) (as 

applicable) to the Agency. All certification letters must be kept in the 

engineer’s project file and on site during construction. For Owner 

Construction (Force Account), all AIS clauses from Section 16 must be 

included in the Agreement for Engineering Services.

(b) Where the owner directly procures AIS products, the owner must:

(i) Include clauses from Section 17 a not including 17 a (1) in the 

procurement contracts.

(ii) Obtain manufacturers’ certification letters and provide copies to 

consulting engineers and contractors. 

6 CONSULTING ENGINEER RESPONSIBILITIES

(1) Include costs of compliance with AIS in engineering fees (if appropriate) 

and in engineer’s opinions of probable cost and associated revisions.

(2) Agreements for engineering services: Include AIS language (see Section 

16).

(3) Plans, specifications, bidding documents and bid addenda: Include required 

AIS language (see Section 16). For any AIS products specified by brand 

names, obtain a manufacturer’s certification letter (see Exhibit D) from the 

manufacturer to verify the products comply with AIS.

(4) Certify that plans, specifications, and bidding documents comply with AIS 

and commit that bid addenda, executed contracts and change orders will 

comply with AIS and submit a letter to the Agency prior to authorization to 

advertise for bids (see Exhibit B).

(5) Award: Provide copies of manufacturers’ certification letters to the general 

contractor on any specified brand name AIS products in the plans, 

specifications and bidding documents including any bid addenda.
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(6) Shop drawing submittal: Review shop drawings and change orders to ensure 

compliance with AIS. For shops drawings under consideration for any brand 

name, equal and/or substitute, and any iron and steel products subject to 

AIS, obtain a manufacturers’ certification letter (see Exhibit D) from the 

general contractor to verify the products comply with AIS. 

(7) Keep all certification letters (including those from the engineer, contractor 

and any manufacturer providing AIS products) in the engineer’s project file. 

(8) Change Order: For any change order under consideration for any AIS

products, obtain a manufacturer’s certification letter (see Exhibit D) from 

parties submitting the change proposal to ensure compliance with AIS.

(9) Acknowledge responsibility for compliance with AIS requirements by 

signing change orders (i.e. C-941 of EJCDC) and partial payment estimates 

(i.e. C-620 of EJCDC).

(10) Substantial completion of project: Obtain the contractors’ certification letter

(see Exhibit C) and copies of manufacturers’ certification letters for all AIS

products used in the project. Provide copies of engineer’s, contractors’, and 

manufacturers’ certification letters to the owner and copy of contractor’s 

certification letter to the Agency. Provide a list of manufacturers to the RD 

State Engineer for AIS products used in the project (including manufacturer 

name and location, product(s)).

7 CONSTRUCTION CONTRACTOR RESPONSIBILITIES

a Construction contractors must use and install iron and steel products that are 

compliant with AIS as part of the permanent work. 

(1) Bid submittal: for proposed equals and substitutes, provide manufacturers’ 

certification letter (see Exhibit D) to verify the products comply with AIS.

(2) Award: Obtain copies of manufacturers’ certification letters (see Exhibit D) 

from the consulting engineer for brand name products specified by the 

consulting engineer. 

(3) Shop drawing submittal: For proposed equals, substitutes and any iron and 

steel product subject to AIS, provide manufacturers’ certification letters (see 

Exhibit D) to verify the products comply with AIS. 

(4) Prior to construction: Ensure that copies of manufacturers’ certification 

letters including those from others (e.g. consulting engineer, owner, etc.) for 

any AIS products to be used in the project is in the project file on site prior 

to installation.

(5) Change Order: For any AIS products proposed in a change proposal, 

provide manufacturers’ certification letter (see Exhibit D) to the consulting 

engineer to verify the products comply with AIS.

(6) Acknowledge responsibility for compliance with AIS requirements by 

signing change orders (i.e. C-941 of EJCDC) and partial payment estimates

(i.e. C-620 of EJCDC).
RUS Bulletin 1780-35

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(7) Keep all manufacturer certification letters (including those from the 

engineer, general contractor and any manufacturer providing AIS products) 

on site during construction in the construction project file.

(8) Substantial completion of the project: Provide the general contractor’s

certification (see Exhibit C) letter to the engineer that all iron and steel 

products installed comply with AIS. This certification is to be submitted 

upon substantial completion of the project to the project engineer.

8 MANUFACTURER, SUPPLIER, DISTRIBUTOR RESPONSIBILITIES

(1) If iron and steel products are produced in the United States as defined in this 

Bulletin, prepare (applicable to manufacturers and fabricators) or obtain 

(applicable to suppliers, distributors, vendors, etc.) manufacturers’ 

certification letters (see Exhibit D) and make available upon request to 

consulting engineers, general contractors, etc.

9 PASS THROUGH ENTITIES (e.g. Grantees utilizing the Revolving Loan Program and 

Household Water Well Program)

(1) Sign Grant Agreements which include AIS language (See Section 17). 

(2) Include AIS language in loan agreement their borrowers (See Section 17 a).

(3) Monitor for compliance.

(4) Perform corrective actions to ensure compliance where needed.

10 ULTIMATE RECIPIENT (e.g. Loan Recipients under Revolving Loan Program, 

Homeowners under the Household Water Well Program)

a Loan recipients are ultimately responsible for compliance with AIS requirements. 

(1) Sign loan agreements which include AIS language (see Section 17 a).

(2) Include required AIS language (see Section 17 a) in any agreements for 

engineering services and contracts for construction services and 

procurement of AIS products.

(3) Obtain manufacturers’ certification letters for AIS products and include a 

copy in project files.

b Homeowners are ultimately responsible for compliance with AIS requirements.

(1) Sign a loan agreement accepting responsibility to ensure AIS products used 

to construct, refurbish, or service individually-owned household water well 

systems are produced in the United States.

(2) Obtain manufacturers’ certification letters (see Exhibit D) from contracted 

service providers (e.g. well driller) and maintain a copy on-site for the 

duration of the loan.
RUS Bulletin 1780-35

Page 16

11 RESPONSIBILITIES UNDER THE GUARANTEED LOAN PROGRAM

AIS applies to projects funded by Section 306A – Guaranteed Loan Program.

a Lenders are responsible to ensure that ultimate recipients comply with AIS 

requirements.

b Loan recipients are ultimately responsible for compliance with AIS requirements. 

c Project specialists will ensure that conditional commitments include AIS language 

(i.e. Section 17 a)

12 ECWAG

AIS applies to projects funded by ECWAG.

a If construction contracts were awarded and/or executed or construction began 

prior to application, these projects are not subject to AIS (see Section 2).

b If construction contracts were awarded and/or executed or construction began 

during the application process, these projects are subject to AIS. 

13 SECTION 306C COLONIAS AND TRIBAL SET-ASIDE GRANTS

AIS applies to projects funded by Section 306 C including Colonias and Tribes.

14 RURAL ALASKAN NATIVE VILLAGE GRANTS

AIS applies to projects funded by Section 306 D – the Rural Alaskan Native Village 

Grant Program.

a Special Cases: 

(1) If a project is administered by Alaska RD State Office, please follow this 

Bulletin.

(2) If the project is administered by the State of Alaska or ANTHC:

(a) Sign grant agreements and letters of intent to meet conditions which 

include AIS language (See Section 17), accepting AIS requirements in 

those documents and in the letter of conditions. 

(b) Include AIS language in grant agreement their grantees (See Section 

17 a).

(c) Monitor for compliance.

(d) Perform corrective actions to ensure compliance where needed.

15 RURAL ECONOMIC AREA PARTNERSHIP ZONE (REAP)

AIS applies to projects funded by Section 310 B – REAP.

16 CONTRACT PROVISIONS

To ensure compliance with the AIS requirements specific AIS contract language must be 

included in each contract including agreements for engineering services, construction 

contract documents and purchase agreements prepared by the owner.
RUS Bulletin 1780-35

Page 17

a Agreement Between Owner and Engineer for Professional Services (EJCDC E500, 2014)

(1) (E-500, Article 5.01.A)

Add the following to 5.01.A: “Opinions of Probable Cost and any revisions 

thereof should reflect compliance with American Iron & Steel requirements 

mandated by Section 746 of Title VII of the Consolidated Appropriations 

Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference.”

(2) (E-500, Article 5.03.B)

Add paragraph 5.03.B: “Opinions of Total Project Costs and any revisions 

thereof should reflect compliance with American Iron & Steel requirements 

mandated by Section 746 of Title VII of the Consolidated Appropriations 

Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference.”

(3) (E-500, Exhibit A.1.03.A.13): 

Add paragraph A.1.03.A.13: “Services required to determine and certify that 

to the best of the Engineer’s knowledge and belief all iron and steel products 

referenced in engineering analysis, the Plans, Specifications, Bidding 

Documents, and associated Bid Addenda requiring design revisions are 

either produced in the United States or are the subject of an approved 

waiver; and services required to determine to the best of the engineer’s 

knowledge and belief that approved substitutes, equals, and all iron and steel 

products proposed in the shop drawings, Change Orders and Partial Payment 

Estimates are either produced in the United States or are the subject of an 

approved waiver under Section 746 of Title VII of the Consolidated 

Appropriations Act of 2017 (Division A - Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 

2017) and subsequent statutes mandating domestic preference. The term 

“iron and steel products” means the following products made primarily of 

iron or steel: lined or unlined pipes and fittings, manhole covers and other 

municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, 

valves, structural steel, reinforced precast concrete, and construction 

materials. The deminimis and minor components waiver {add project 

specific waivers as applicable} apply to this contract.”

(4) (E-500, Exhibit A.1.04.A.10)

Add paragraph A.1.04.A.10: “Provide copies of Manufacturers’ 

Certification letters to the Bidders on any brand name iron and steel 

products along with the Plans, Specifications and Bidding Documents. 

Manufacturers’ Certification Letters are to be included in the Bidding 
RUS Bulletin 1780-35

Page 18

Documents and must be kept in the engineer’s project file and on site during 

construction.”

(5) (E-500, Exhibit A.1.04.11)

Add paragraph A.1.04.A.11: “Provide copies of Manufacturers’ 

Certification letters to the Contractor on any brand name iron and steel 

products along with the Plans, Specifications, Bidding Documents including 

any Bid Addenda and Change Orders. Manufacturers’ Certification Letters 

must be kept in the engineer’s project file and on site during construction.”

(6) (E-500, Exhibit A.1.05.A.17)

Modify A.1.05.A.17 by adding the following prior to the first sentence: 

“Review and approve or take other appropriate action with respect to Shop 

Drawings, Samples, and other required Contractor submittals to ensure 

compliance with American and Iron Steel requirements mandated by 

Section 746 of Title VII of the Consolidated Appropriations Act of 2017 

(Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference. Any iron and steel 

products included in any submittal by the General Contractor, must include 

a Manufacturers’ Certification letter to verify the products were produced in 

the United States. Copies of Manufacturers’ Certification letters must be 

kept in the engineer’s project file and on site during construction.”

(7) (E-500, Exhibit A.1.05.A.18)

Add the following to A.1.05.A.18 to the end of the paragraph as amended by 

RUS Bulletin 1780-26: “Prior to approval of any substitute “or equal” obtain 

a Manufacturers’ Certification letter to verify the products were produced in 

the United States. Manufacturers’ Certification letters must be kept in the 

engineer’s project file and on site during construction to ensure compliance 

with American and Iron Steel requirements mandated by Section 746 of 

Title VII of the Consolidated Appropriations Act of 2017 (Division A -

Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2017) and subsequent statutes 

mandating domestic preference, if applicable.”

(8) (E-500, Exhibit A.1.05.A.19)

Add subparagraph A.1.05.A.19.d: “Receive and review all Manufacturers’ 

Certification Letters for materials required to comply with American and 

Iron Steel requirements mandated by Section 746 of Title VII of the 

Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017) and subsequent statutes mandating domestic 

preference to verify the products were produced in the United States. 

Manufacturers’ Certification letters must be kept in the engineer’s project 

file and on site during construction.”
RUS Bulletin 1780-35

Page 19

(9) (E-500, Exhibit A.1.05.A.20)

Add subparagraph (c) to the end of A.1.05.A.20: “(c) Review Change 

Proposals to ensure compliance with American and Iron Steel requirements 

mandated by Section 746 of Title VII of the Consolidated Appropriations 

Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference.”

(10) (E-500, Exhibit A.1.05.A.25)

Add item “a” as a deliverable under paragraph A.1.05.A.25: “(a) Obtain the 

Contractors’ Certification letter and copies of Manufacturers’ Certification 

letters for all American Iron and Steel products used in the project. Upon 

Substantial Completion, provide copies of Engineer’s, Contractors’, and 

Manufacturers’ Certification letters to the Owner and a copy of Contractor’s 

Certification letter to the Agency. Provide a list of manufacturers of

American Iron and Steel products used in the project and include 

manufacturer’s name and location, and product(s) to the Agency.”

(11) (E-500, Exhibit B.2.02)

Add the following language to B.2.02: “Owners are ultimately responsible 

for compliance with Section 746 of Title VII of the Consolidated 

Appropriations Act of 2017 (Division A - Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 

2017) and subsequent statutes mandating domestic preference and will be 

responsible for the following:

(a) Signing loan resolutions, grant agreements and letters of intent to meet 

conditions which include American Iron and Steel language, accepting 

American Iron and Steel requirements in those documents and in the 

letter of conditions. 

(b) Signing change orders (i.e. C-941 of EJCDC) and partial payment 

estimates (i.e. C-620 of EJCDC) and thereby acknowledging

responsibility for compliance with American Iron and Steel 

requirements.

(c) Obtaining the certification letters from the consulting engineer upon 

substantial completion of the project and maintaining this 

documentation for the life of the loan.

(d) Where the owner provides their own engineering and/or construction 

services, providing copies of engineers’, contractors’, and 

manufacturers’ certification letters (as applicable) to the Agency. All 

certification letters must be kept in the engineer’s project file and on 

site during construction. For Owner Construction (Force Account), all 

clauses from Section 17 of RUS Bulletin 1780-35 must be included in 

the Agreement for Engineering Services.

(e) Where the owner directly procures American Iron and Steel products, 

including American Iron and Steel clauses in the procurement 
RUS Bulletin 1780-35

Page 20

contracts and obtaining manufacturers’ certification letters and 

providing copies to consulting engineers and contractors. 

(12) (E-500, Exhibit D1.01.C.11.g)

Add sub paragraph D.1.01.C.11.g: “(g) Maintain all Manufacturers’ 

Certification letters in the project file and on site during construction to 

ensure compliance with American and Iron Steel requirements mandated 

by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 

(Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference, as applicable.”

b Bidding and Construction Contract Documents (EJCDC C-Series, 2013)

(1) Advertisement for Bids (C-111): 

Add at the end of C-111 prior to the Owner’s name: “Section 746 of Title VII of 

the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017) and subsequent statutes mandating domestic 

preference applies an American Iron and Steel requirement to this project. All 

listed iron and steel products used in this project must be produced in the United 

States. The term “iron and steel products” means the following products made 

primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and 

other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, 

valves, structural steel, reinforced precast concrete, and construction materials. 

The deminimis and minor components waiver {add project specific waivers as 

applicable} apply to this contract.”

(2) Instructions to Bidders (C-200): 

(a) (C-200, Article 5.01.C)

Delete the semicolon at the end of 5.01.C and insert the following:

...including but not limited to American Iron and Steel requirements as 

mandated by Section 746 of Title VII of the Consolidated Appropriations Act 

of 2017 (Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference which apply to the 

following products made primarily of iron or steel: lined or unlined pipes and 

fittings, manhole covers and other municipal castings, hydrants, tanks, 

flanges, pipe clamps and restraints, valves, structural steel, reinforced precast

concrete, and construction materials.

(b) (C-200, Article 11.01)

Modify paragraph 11.01, as previously amended by RUS 1780-26, by 

inserting the following sentence after “Each such request shall comply with 

the requirements of Paragraphs 7.04 and 7.05 of the General Conditions.
RUS Bulletin 1780-35

Page 21

Each such request shall include Manufacturer’s Certification letter for 

compliance with Section 746 of Title VII of the Consolidated Appropriations 

Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference, if applicable. Refer to 

Manufacturer’s Certification Letter provided in these Contract Documents.”

(c) (C-200, Article 24.02)

Add paragraph to 24.02: “Section 746 of Title VII of the Consolidated 

Appropriations Act of 2017 (Division A - Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 

2017) and subsequent statutes mandating domestic preference applies an 

American Iron and Steel requirement to this project. All iron and steel 

products used in this project must be produced in the United States. The term 

“iron and steel products” means the following products made primarily of 

iron or steel: lined or unlined pipes and fittings, manhole covers and other 

municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, 

valves, structural steel, reinforced precast concrete, and construction 

materials. The deminimis and minor components waiver {add project specific 

waivers as applicable} apply to this contract.”

(3) Bid Form (C-410)

(a) (C-410, Article 3.01.C)

Add language at the end of the sentence of Article 3.01.C: “...and including 

all American Iron and Steel requirements.”

(b) (C-410, Article 7.01)

Add 7.01.K after 7.01.J (7.01.J added by RUS 1780-26): K. Manufacturers’ 

Certification letter of compliance with Section 746 of Title VII of the 

Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017) and subsequent statutes mandating domestic 

preference for all equals or substitutes approved by Addenda for American 

Iron and Steel products as provided in these Contract Documents.

(4) Supplementary General Conditions (C-800)

(a) (C-800, Article SC 1.01.A.51)

Add 1.01.A.51 after 1.01.A.50 (as amended by RUS 1780-26): 

“Manufacturer’s Certification letter is documentation provided by the 

manufacturer, supplier, distributor, vendor, fabricator, etc. to various entities 

stating that the American Iron and Steel products to be used in the project 

are produced in the United States in accordance with American Iron and 

Steel requirements. Refer to Manufacturer’s Certification Letter provided in 

these Contract Documents.”
RUS Bulletin 1780-35

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(b) (C-800, Article SC 1.01.A.52)

Add 1.01.A.52 after 1.01.A.51: “AIS - refers to requirements mandated by 

Section 746 of Title VII of the Consolidated Appropriations Act of 2017 

(Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference. The term “iron and steel 

products” means the following products made primarily of iron or steel: 

lined or unlined pipes and fittings, manhole covers and other municipal 

castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, 

structural steel, reinforced precast concrete, and construction materials.”

(c) (C-800, Article SC 7.03)

Add sentence 7.03.d: “All iron and steel products must meet American Iron 

and Steel requirements.”

(d) (C-800, Article SC 7.04.B.1)

Add 7.04.B.1: “Contractor shall include a Manufacturer’s Certification letter 

for compliance with American Iron and Steel requirements in support data, 

if applicable. Refer to Manufacturer’s Certification Letter provided in these 

Contract Documents. In addition, for the Deminimis Waiver, Contractor 

shall maintain an itemized list of incidental components and ensure that the 

cost is less than 5% of total materials cost for project; for the Minor 

Components Waiver, the Contractor shall maintain a list of products to 

which the minor components waiver applies and the cost of the nondomestically produced component is less than 5% of total materials cost of 

that product.”

(e) (C-800, Article SC 7.05.A.3.a.4)

Add 7.05.A.3.a.4: “4) comply with American Iron and Steel by providing 

Manufacturer’s Certification letter of American Iron and Steel compliance, 

if applicable. Refer to Manufacturer’s Certification Letter provided in these 

Contract Documents.”

(f) (C-800, Article SC 7.11.A)

Modify 7.11.A by inserting the following after “written interpretations and 

clarifications,”: “Manufacturers’ Certification letter is documentation 

provided by the manufacturer, supplier, distributor, vendor, fabricator, etc. 

to various entities stating that the iron and steel products to be used in the 

project are produced in the United States in accordance with American Iron 

and Steel Requirements. Refer to Manufacturer’s Certification Letter 

provided in these Contract Documents.”

(g) (C-800, Article SC 7.16.A.1.e)

Add 7.16.A.1.e: “e. obtained Manufacturer’s Certification letter for any item 

in the submittal subject to American Iron and Steel requirements and include 
RUS Bulletin 1780-35

Page 23

the Certificate in the submittal. Refer to Manufacturer’s Certification Letter 

provided in these Contract Documents.”

(h) (C-800, Article SC 7.16.D.9)

Add 7.16.D.9: “Engineer’s review and approval of Shop Drawing or Sample 

shall include review of compliance with American Iron and Steel

requirements, as applicable.”

(i) (C-800, Article SC 7.17.E)

Add 7.17.E: “Contractor shall certify upon Substantial Completion that all 

Work and Materials has complied with American Iron and Steel 

requirements as mandated by Section 746 of Title VII of the Consolidated 

Appropriations Act of 2017 (Division A - Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 

2017) and subsequent statutes mandating domestic preference. Contractor 

shall provide said Certification to Owner. Refer to General Contractor’s 

Certification Letter provided in these Contract Documents.”

(j) (C-800, Article SC 10.10.A)

Add 10.10.A American Iron & Steel: “A. “Services required to determine 

and certify that to the best of the Engineer’s knowledge and belief all iron 

and steel products referenced in engineering analysis, the Plans, 

Specifications, Bidding Documents, and associated Bid Addenda requiring 

design revisions are either produced in the United States or are the subject of 

an approved waiver and services required to determine to the best of the 

engineer’s knowledge and belief that approved substitutes, equals, and all 

iron and steel products proposed in the shop drawings, Change Orders and 

Partial Payment Estimates are either produced in the United States or are the 

subject of an approved waiver under Section 746 of Title VII of the 

Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017). 

(k) (C-800, Article SC 11.06.A.1)

Modify 11.06.A.1 by inserting the following sentence after “within 15 days 

after the submittal of the Change Proposal.”: “Include supporting data 

(name of manufacturer, city and state where the product was manufactured, 

description of product, signature of authorized manufacturer’s 

representative) in the Manufacturer’s Certification Letter, as applicable.”
RUS Bulletin 1780-35

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(l) (C-800, Article SC 14.03.G)

Add 14.03.G: “G. Installation of Materials that are non-compliant with 

American Iron and Steel requirements shall be considered defective work.”

(m) (C-800, Article SC 15.01.B.4)

Add 15.01.B.4: “4. By submitting Materials for payment, Contractor is 

certifying that the submitted Materials are compliant with American Iron 

and Steel requirements. Manufacturer’s Certification letter for Materials 

satisfy this certification. Refer to Manufacturer’s Certification Letter 

provided in these Contract Documents.”

(n) (C-800, Article SC 15.01.C.2.d)

Add 15.01.C.2.d: “d. the Materials presented for payment comply with 

American Iron and Steel.”

(o) (C-800, Article SC 15.03.A)

Modify 15.03.A by adding the following after the last sentence: “Services 

required to determine and certify that to the best of the Contractor’s 

knowledge and belief all substitutes, equals, and all iron and steel products 

proposed in the shop drawings, Change Orders and Partial Payment 

Estimates, and those installed for the project are either produced in the 

United States or are the subject of an approved waiver under Section 746 of 

Title VII of the Consolidated Appropriations Act of 2017 (Division A -

Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2017) and subsequent statutes 

mandating domestic preference.”

(p) (C-800: Article 19, SC 19.14):

Add “Section 746 of Title VII of the Consolidated Appropriations Act of 

2017 (Division A - Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017) and 

subsequent statutes mandating domestic preference applies an American 

Iron and Steel requirement to this project. All iron and steel products used in 

this project must be produced in the United States. The term “iron and steel 

products” means the following products made primarily of iron or steel: 

lined or unlined pipes and fittings, manhole covers and other municipal 

castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, 

structural steel, reinforced precast concrete, and construction materials. The 

deminimis and minor components waiver {add project specific waivers as 

applicable} apply to this contract.”

(q) (C-800: Article 19, SC 19.15):

Add SC 19.15 Definitions: 

“Assistance recipient” is the entity that receives funding assistance from 

programs required to comply with Section 746 Division A Title VII of the 

Consolidated Appropriations Act of 2017 (Agriculture, Rural Development, 
RUS Bulletin 1780-35

Page 25

Food and Drug Administration, and Related Agencies Appropriations Act, 

2017) and subsequent statutes mandating domestic preference. This term 

includes owner and/or applicant.

“Certifications” means the following: 

• Manufacturers’ certification is documentation provided by the 

manufacturer or fabricator to various entities stating that the iron and 

steel products to be used in the project are produced in the United States 

in accordance with American Iron and Steel (AIS) Requirements. If 

items are purchased via a supplier, distributor, vendor, etc. vs. from the 

manufacturer or fabricator directly, then the supplier, distributor, vendor, 

etc. will be responsible for obtaining and providing these certification 

letters to the parties purchasing the products.

• Engineers’ certification is documentation that plans, specifications, and 

bidding documents comply with AIS. 

• Contractors’ certification is documentation submitted upon substantial

completion of the project that all iron and steel products installed were 

produced in the United States.

“Coating” means a covering that is applied to the surface of an object. If a 

coating is applied to the external surface of a domestic iron or steel 

component, and the application takes place outside of the United States, said 

product would be considered a compliant product under the AIS 

requirements. Any coating processes that are applied to the external surface 

of iron and steel components that would otherwise be AIS compliant would 

not disqualify the product from meeting the AIS requirements regardless of 

where the coating processes occur, provided that final assembly of the 

product occurs in the United States. This exemption only applies to coatings 

on the external surface of iron and steel components. It does not apply to 

coatings or linings on internal surfaces of iron and steel products, such as 

the lining of lined pipes. All manufacturing processes for lined pipes, 

including the application of pipe lining, must occur in the United States for 

the product to be compliant with AIS requirements.

“Construction materials” are those articles, materials, or supplies made 

primarily of iron and steel, that are permanently incorporated into the 

project, not including mechanical and/or electrical components, equipment 

and systems. Some of these products may overlap with what is also 

considered “structural steel”. 

Note: Mechanical and electrical components, equipment and systems are not 

considered construction materials. See definition of mechanical and 

electrical equipment.

“Consulting engineer” is an individual or entity with which the owner has 

contracted to perform engineering/architectural services for water and waste 

projects funded by the programs subject to AIS requirements).
RUS Bulletin 1780-35

Page 26

“De minimis incidental components” are various miscellaneous low-cost 

components that are essential for, but incidental to, the construction and are 

incorporated into the physical structure of the project. Examples of 

incidental components could include small washers, screws, fasteners (such 

as “off the shelf” nuts and bolts), miscellaneous wire, corner bead, ancillary 

tube, signage, trash bins, door hardware etc.

Costs for such de minimis incidental components cumulatively may 

comprise no more than a total of five percent of the total cost of the 

materials used in and incorporated into a project; the cost of an individual 

item may not exceed one percent of the total cost of the materials used in 

and incorporated into a project.

“General contractor” is the individual or entity with which the applicant has 

contracted (or is expected to) to perform construction services (or for water 

and waste projects funded by the programs subject to AIS requirements). 

This includes bidders, contractors that have received an award from the 

applicant and any party having a direct contractual relationship with the 

owner/applicant. A general contractor is often referred to as the prime 

contractor.

“Iron and steel products” are defined as the following products made 

primarily of iron or steel: lined or unlined pipes and fittings, manhole covers 

and other municipal castings, hydrants, tanks, flanges, pipe clamps and 

restraints, valves, structural steel, reinforced precast concrete, and 

construction materials. Only items on the above list made primarily of iron 

or steel, permanently incorporated into the project must be produced in the 

United States. For example trench boxes, scaffolding or equipment, which 

are removed from the project site upon completion of the project, are not 

required to be made of U.S. Iron or Steel.

“Manufacturers” meaning a supplier, fabricator, distributor, materialman, or 

vendor is an entity with which the applicant, general contractor or with any 

subcontractor has contracted to furnish materials or equipment to be 

incorporated in the project by the applicant, contractor or a subcontractor. 

“Manufacturing processes” are processes such as melting, refining, forming, 

rolling, drawing, finishing, and fabricating. Further, if a domestic iron and 

steel product is taken out of the United States for any part of the 

manufacturing process, it becomes foreign source material. However, raw 

materials such as iron ore, limestone and iron and steel scrap are not covered 

by the AIS requirement, and the material(s), if any, being applied as a 

coating are similarly not covered. Non-iron or steel components of an iron 

and steel product may come from non-US sources. For example, for 

products such as valves and hydrants, the individual non-iron and steel 

components do not have to be of domestic origin. Raw materials, such as 
RUS Bulletin 1780-35

Page 27

iron ore, limestone, scrap iron, and scrap steel, can come from non-U.S. 

sources. 

“Mechanical equipment” is typically that which has motorized parts and/or 

is powered by a motor. “Electrical equipment” is typically any machine 

powered by electricity and includes components that are part of the 

electrical distribution system. AIS does apply to mechanical equipment.

“Minor components” are components within an iron and/or steel product 

otherwise compliant with the American Iron and Steel requirements. This is 

different from the de minimis definition where de minimis pertains to the 

entire project and the minor component definition pertains to a single 

product. This waiver, would allow non-domestically produced 

miscellaneous minor components comprising up to five percent of the total 

material cost of an otherwise domestically produced iron and steel product 

to be used. However, unless a separate waiver for a product has been 

approved, all other iron and steel components in said product must still meet 

the AIS requirements. This waiver does not exempt the whole product from 

the AIS requirements only minor components within said product and the 

iron or steel components of the product must be produced domestically. 

Valves and hydrants are also subject to the cost ceiling requirements 

described here. Examples of minor components could include items such 

pins and springs in valves/hydrants, bands/straps in couplings, and other low 

cost items such as small fasteners etc.

“Municipal castings” are cast iron or steel infrastructure products that are 

melted and cast. They typically provide access, protection, or housing for 

components incorporated into utility owned drinking water, storm water, 

wastewater, and solid waste infrastructure.

“National Office” refers to the office responsible for the oversight and 

administration of the program nationally. The National Office sets policy, 

develops program regulations, and provides training and technical assistance 

to help the state offices administer the program. The National Office is 

located in Washington, D.C. 

“Owner” is the individual or entity with which the general contractor has 

contracted regarding the work, and which has agreed to pay the general 

contractor for the performance of the work, pursuant to the terms of the 

contract for water and waste projects funded by the programs subject to AIS 

requirements. For the purpose of this Bulletin, this term is synonymous with 

the term “applicant” as defined in 7 CFR 1780.7 (a) (1), (2) and (3) and is an 

entity receiving financial assistance from the programs subject to the AIS 

requirements.
RUS Bulletin 1780-35

Page 28

“Pass through Entities” is an entity that provides a subaward to a loan and/or 

grant recipient to carry out part of a Federal program. Examples are grantees 

utilizing the Revolving Loan Program and Household Water Well Program 

and Alaska Native Tribal Health Consortium (ANTHC) or the State of 

Alaska from the RAVG Program.

“Primarily iron or steel” is defined as a product made of greater than 50 

percent iron or steel, measured by cost. The cost should be based on the 

material costs. An exception to this definition is reinforced precast concrete 

(see Definitions). All technical specifications and applicable industry 

standards (e.g. NIST, NSF, AWWA) must be met. If a product is determined 

to be less than 50 percent iron and steel, the AIS requirements do not apply.

For example, the cost of a fire hydrant includes:

(1) The cost of materials used for the iron portion of a fire hydrant (e.g. 

bonnet, body and shoe); and

(2) The cost to pour and cast to create those components (e.g. labor and 

energy).

Not included in the cost are:

(1) The additional material costs for the non-iron and steel internal 

workings of the hydrant (e.g. stem, coupling, valve, seals, etc.); and

(2) The cost to assemble the internal workings into the hydrant body.

“Produced in the United States” means that the production in the United 

States of the iron or steel products used in the project requires that all 

manufacturing processes must take place in the United States, with the 

exception of metallurgical processes involving refinement of steel additives. 

“Project” is the total undertaking to be accomplished for the applicant by 

consulting engineers, general contractors, and others, including the 

planning, study, design, construction, testing, commissioning, and start-up, 

and of which the work to be performed under the contract is a part. A 

project includes all activity that an applicant is undertaking to be financed in 

whole or part by programs subject to AIS requirements. The intentional 

splitting of projects into separate and smaller contracts or obligations to 

avoid AIS requirements is prohibited. 

“Reinforced Precast Concrete” may not consist of at least 50 percent iron or 

steel, but the reinforcing bar and wire must be produced in the United States 

and meet the same standards as for any other iron or steel product. 

Additionally, the casting of the concrete product must take place in the 

United States. The cement and other raw materials used in concrete 

production are not required to be of domestic origin. If the reinforced 

concrete is cast at the construction site, the reinforcing bar and wire are 
RUS Bulletin 1780-35

Page 29

considered to be a construction material and must be produced in the United 

States.

“Steel” means an alloy that includes at least 50 percent iron, between 0.02

and 2 percent carbon, and may include other elements. Metallic elements 

such as chromium, nickel, molybdenum, manganese, and silicon may be 

added during the melting of steel for the purpose of enhancing properties 

such as corrosion resistance, hardness, or strength. The definition of steel 

covers carbon steel, alloy steel, stainless steel, tool steel, and other specialty 

steels.

“Structural steel” is rolled flanged shapes, having at least one dimension of 

their cross-section three inches or greater, which are used in the construction 

of bridges, buildings, ships, railroad rolling stock, and for numerous other 

constructional purposes. Such shapes are designated as wide-flange shapes, 

standard I-beams, channels, angles, tees, and zees. Other shapes include but 

are not limited to, H-piles, sheet piling, tie plates, cross ties, and those for 

other special purposes.

“Ultimate recipient” is a loan or grant recipient receiving funds from a passthrough entity. Examples include: (1) a loan recipient from the Revolving 

Loan Fund; (2) a loan recipient from the Household Water Well Program; 

and (3) a grant recipient from ANTHC or the State of Alaska from the 

RAVG Program.

“United States” means each of the several states, the District of Columbia, 

and each Federally Recognized Indian Tribe.

c Purchase Agreements

Add award language from Section 17 a not including 17 a (1). 

17 PROVISIONS OF LETTERS OF CONDITIONS, LOAN RESOLUTIONS, GRANT 

AGREEMENTS, AND CONDITIONAL COMMITMENTS

a Standard Award Language for WWD, ECWAG, Guaranteed Loan Program, 

306C, RAVG Administered by USDA, and REAP

Add the following language: 

“Section 746 of Title VII of the Consolidated Appropriations Act of 2017 

(Division A - Agriculture, Rural Development, Food and Drug Administration, 

and Related Agencies Appropriations Act, 2017) and subsequent statutes 

mandating domestic preference applies a new American Iron and Steel (AIS)

requirement to obligations made after May 5th, 2017: 
RUS Bulletin 1780-35

Page 30

(1) No Federal funds made available for this fiscal year for the rural water, 

waste water, waste disposal, and solid waste management programs 

authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 

1926 et seq.) shall be used for a project for the construction, alteration, 

maintenance, or repair of a public water or wastewater system unless all of the 

iron and steel products used in the project are produced in the United States. 

(2) The term “iron and steel products” means the following products made 

primarily of iron or steel: lined or unlined pipes and fittings, manhole covers 

and other municipal castings, hydrants, tanks, flanges, pipe clamps and 

restraints, valves, structural steel, reinforced precast concrete, and 

construction materials. 

(3) The requirement shall not apply in any case or category of cases in which 

the Secretary of Agriculture (in this section referred to as the “Secretary”) or 

the designee of the Secretary finds that—

(a) applying the requirement would be inconsistent with the public interest; 

(b) iron and steel products are not produced in the United States in sufficient 

and reasonably available quantities or of a satisfactory quality; or 

(c) inclusion of iron and steel products produced in the United States will 

increase the cost of the overall project by more than 25 percent.”

(1) Additional Language (not to be included in purchase agreements)

Add: “Owners are ultimately responsible for compliance with AIS requirements 

and will be responsible for the following:

(a) Signing loan resolutions, grant agreements and letters of intent to meet 

conditions which include AIS language, accepting AIS requirements in 

those documents and in the letter of conditions.

(b) Signing change orders (i.e. C-941 of EJCDC) and partial payment estimates 

(i.e. C-620 of EJCDC) and thereby acknowledging responsibility for 

compliance with American and Iron Steel requirements.

(c) Obtaining the certification letters from the consulting engineer upon 

substantial completion of the project and maintaining this documentation 

for the life of the loan.

(d) Where the owner provides their own engineering and/or construction 

services, providing copies of engineers’, contractors’, and manufacturers’ 

certification letters (as applicable) to the Agency to insert into the Agency 

file. All certification letters must be kept in the engineer’s project file and on 

site during construction. For Owner Construction (Force Account), all 

clauses from Section 17 must be included in the Agreement for Engineering 

Services.

(e) Where the owner directly procures AIS products, including AIS clauses in 

the procurement contracts and obtaining manufacturers’ certification letters 

and providing copies to consulting engineers and contractors.
RUS Bulletin 1780-35

Page 31

b Standard Award Language for Revolving Loan Funds, RAVG Administered by 

ANTHC or the State of Alaska, Guaranteed Loan Program and Household Water 

Well Program

Add the following language to award agreements to ultimate recipients: 

“Section 746 of Title VII of the Consolidated Appropriations Act of 2017 

(Division A - Agriculture, Rural Development, Food and Drug Administration, 

and Related Agencies Appropriations Act, 2017) and subsequent statutes 

mandating domestic preference applies a new American Iron and Steel 

requirement to obligations made after May 5th, 2017:

(1) No Federal funds made available for this fiscal year for the rural water, 

waste water, waste disposal, and solid waste management programs 

authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 

1926 et seq.) shall be used for a project for the construction, alteration, 

maintenance, or repair of a public water or wastewater system unless all of the 

iron and steel products used in the project are produced in the United States. 

(2) The term “iron and steel products” means the following products made 

primarily of iron or steel: lined or unlined pipes and fittings, manhole covers 

and other municipal castings, hydrants, tanks, flanges, pipe clamps and 

restraints, valves, structural steel, reinforced precast concrete, and 

construction materials. 

(3) The requirement shall not apply in any case or category of cases in which 

the Secretary of Agriculture (in this section referred to as the “Secretary”) or 

the designee of the Secretary finds that—

(a) applying the requirement would be inconsistent with the public interest; 

(b)iron and steel products are not produced in the United States in sufficient 

and reasonably available quantities or of a satisfactory quality; or 

(c) inclusion of iron and steel products produced in the United States will 

increase the cost of the overall project by more than 25 percent.”

18 PURCHASE OF EQUIPMENT AND MATERIALS

Irrespective of who purchases AIS products, owner, contractor or other parties must 

ensure that the products were produced in the United States as defined in this Bulletin. It 

is the manufacturers’ responsibility to provide manufacturers’ certification letters to 

ensure compliance with AIS requirements. The AIS requirements supersede any 

regulation on full and open competition stated in 7 CFR 1780.70(b) and (d) and 2 CFR 

Part 200.319. For example, if an iron and steel product that is compliant with AIS is 

made by only one manufacturer, sole source procurement of said product may be used.
RUS Bulletin 1780-35

Page 32

19 WAIVER PROCESS

a General

Each entity that receives financial assistance for the construction, alteration, 

maintenance, or repair of water and waste infrastructure from programs mandated 

to comply with the statute, must use iron and steel products produced in the 

United States. A waiver is a legal document granting a project an exception to 

AIS requirements, to use iron and steel products of non-domestic origin specified 

in the waiver(s). More than one waiver could be applied to a project.

Any funding recipient including the ultimate recipients subject to AIS 

requirements are eligible to apply for waivers as outlined in the statute which 

states:

“A waiver may be granted by the Secretary of Agriculture or designee, if one or 

more of the following conditions are met:

1. Applying the American Iron and Steel requirements of the Act would be 

inconsistent with the public interest;

2. Iron and steel products are not produced in the United States in sufficient and 

reasonably available quantities or of a satisfactory quality; or

3. Inclusion of iron and steel products produced in the United States will increase 

the cost of the overall project by more than 25 percent.”

Until a waiver is granted by USDA, the AIS requirement stands except with 

respect to municipalities covered by international agreements (see Section 22).

One public interest waiver has been granted by the Secretary of Agriculture or 

designee that addresses: (1) de minimis items and (2) minor components. This

waiver is national in scope and applies to all projects. The term de minimis 

applies to products when they occur as de minimis incidental components 

and is intended for assistance recipients to use for their projects. The term minor 

components applies to minor components within an iron and/or steel product and 

is intended for manufacturers to certify that their products comply with the AIS 

requirements. For definitions of de minimis and minor components see 

Definitions.

b Application

To request a project specific waiver, proper and sufficient documentation must be 

provided by the assistance recipient (see Exhibit H).

To apply for a waiver under condition one (public interest), applicants and their 

consulting engineers must demonstrate definitive impacts on the community if a 

specified product is not utilized. Information must be submitted to the National 
RUS Bulletin 1780-35

Page 33

Office (via EESEngineering@wdc.usda.gov), copy the RD State Engineer and 

approved by the Administrator of RUS. Public interest waivers national in scope 

will be identified and approved by the Administrator of RUS.

To apply for a waiver under condition two (quantity or quality), applicants and 

their consulting engineers must submit the information outlined in Exhibit I to the 

National Office (via EESEngineering@wdc.usda.gov). 

To apply for a waiver under condition three (25 percent of project cost), 

applicants and their consulting engineers must submit the information in Exhibit I 

and J to the National Office (via EESEngineering@wdc.usda.gov).

All waiver applications must be submitted to National Office. If a RD State Office 

receives any waiver requests, the request must be submitted to National Office for 

approval.

c Timing

Waivers should be submitted prior to and no later than with the submission of 

final plans, specifications, and bidding documents for any iron and steel products 

of known foreign origin. All waivers requests must be approved by the Agency 

prior to authorization to advertise for bids. In the event that a waiver is requested 

post award, it must be approved by the Agency prior to construction. In the event 

that a waiver is requested during construction such as via a change order, it must 

be approved by the Agency prior to installation. 

d Evaluation by USDA

After receiving an application for a waiver of the AIS requirements, USDA 

National Office will publish the request on its website for 15 days and receive 

informal comment. National Office will evaluate whether the application 

adequately documents the statutory basis cited for the waiver. The Secretary or 

designee will determine whether or not to grant the waiver. Approved and 

disapproved waivers will be posted on the USDA AIS website.

For project specific waivers where EPA and USDA are co-funding and the 

applicant has already submitted a request to and received an approved waiver 

from EPA, USDA will review said waiver for the co-funded project.

Applicants/owners or their representatives are required to submit the approved

waiver to EESEngineering@wdc.usda.gov for USDA RD review and 

concurrence.

All approved waivers must be included in the bidding documents, any bid 

addenda, change orders, and partial estimates. All information presented in waiver 

requests are subject to verification. Waiver requests deliberately containing false 

information will be rejected.
RUS Bulletin 1780-35

Page 34

20 MONITORING

In order to comply with the Executive Order 13788 “Buy American, Hire American”, 

dated April 18, 2017, and AIS requirements, monitoring activities will be completed by 

the State Office and/or the National Office.

21 NON-COMPLIANCE

No Federal funds made available for the rural water, waste water, waste disposal, and 

solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, 

and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) 

shall be used for a project for the construction, alteration, maintenance, or repair of a 

public utility system unless all of the iron and steel products used in the project are 

produced in the United States.

Noncompliance occurs when funds are used from these programs for construction, 

alteration, maintenance, or repair using non-domestic iron or steel products and the 

product is not covered by either a project-specific or a national waiver. Loan and grant

recipients should avoid noncompliance at all times as it is a violation of a Federal statute.

Process for Noncompliance

(1) Identify the noncompliant product.

(2) The loan or grant recipient or pass through entity notifies appropriate USDA RD 

State or National Office contact.

(3) If USDA RD State Office is notified, the Program Director will notify the National 

Office, Director of EES.

(4) USDA will apply remedies for noncompliance as per 2 CFR 200 §§338 – 342.

22 INTERNATIONAL AGREEMENTS

The AIS requirements apply in a manner consistent with United States obligations under 

international agreements. In the few cases where such an agreement exists between a loan 

and/or grant recipient and an international entity, that recipient is under the obligation to 

determine the applicability of the AIS requirements and document the actions taken to 

comply with these requirements.

23 USE OF EXHIBITS

The following explains the purpose of each Exhibit to this Bulletin:

a AMERICAN IRON & STEEL COMPLIANCE STATEMENT: Exhibit A consists of a 

statement to be read by the Rural Development representative during the preconstruction 

conference. In addition, the RD representative should read Sections 5, 6, and 7 of this 

Bulletin to remind the owner, consulting engineer, and general contractor of their roles 

and responsibilities to comply with AIS.

b ENGINEER’S CERTIFICATION OF COMPLIANCE: Exhibit B consists of a letter to 

be completed and signed by the consulting engineer certifying that he/she will ensure that 
RUS Bulletin 1780-35

Page 35

plans, specifications, and bidding documents and associated bid addenda, executed 

contracts and change orders for this project will comply with the AIS requirements. This 

certification letter is to be submitted to the Agency for approval prior to approval of the 

Advertisement for Bids and must be kept in the engineers project file and on-site during 

construction.

c GENERAL (PRIME) CONTRACTOR’S CERTIFICATION OF COMPLIANCE: 

Exhibit C consists of a letter to be completed and signed by the general contractor 

certifying that he/she will ensure that all iron and steel products installed for this project 

by their company and by any and all subcontractors and manufacturers their company has 

contracted with comply with the AIS requirements. This certification letter is to be 

submitted upon substantial completion of the project to the project engineer.

d EXAMPLE OF A MANUFACTURER’S CERTIFICATION LETTER OF 

COMPLIANCE: Exhibit D is an example of a letter to be completed and signed by the 

manufacturer certifying that he/she will ensure that all iron and steel products and/or 

materials shipped or provided for the subject project are in full compliance with the 

American Iron and Steel requirement. This includes listing each individual 

item/product/material provided to the project and providing the location of this/these 

item(s) being manufactured including assembly. All manufacturers’ certification letters

must be kept in the engineer’s project file and on site during construction.

e EXAMPLES OF MUNICIPAL CASTINGS: Exhibit E provides a sample list of iron and 

steel products that are subject to the AIS requirements. This list is not exhaustive and is 

meant to provide examples.

f EXAMPLES OF CONSTRUCTION MATERIALS: Exhibit F provides a sample list of 

construction materials that are subject to the AIS requirements. This list is not exhaustive 

and is meant to provide examples.

g EXAMPLES OF NON-CONSTRUCTION MATERIALS: Exhibit G provides a sample 

list of items that are not subject to the AIS requirements. This list is not exhaustive and is 

meant to provide examples.

h INFORMATIONAL CHECKLIST FOR PROJECT SPECIFIC WAIVER REQUEST:

Exhibit I is a checklist that is to be completed by the applicant and/or consulting engineer 

to help ensure that all appropriate and necessary information is submitted with the request 

to USDA. This checklist should not be used for a public interest waiver, is for 

informational purposes only and does not need to be included as part of a waiver 

application. Project specific waivers may be requested if one or more of the following 

conditions applies: (1) The iron and/or steel products are not produced in the United

States in sufficient and reasonably available quantities and of a satisfactory quality; (2) 

The inclusion of iron and/or steel products produced in the United States will increase the 

cost of the overall project by more than 25 percent. All approved waivers must be 

included in the bidding documents, any bid addenda, change orders, and partial estimates. 
RUS Bulletin 1780-35

Page 36

All information presented in waiver requests are subject to evaluation. Waiver requests 

deliberately containing false information will be rejected.

i EXAMPLE COST TABLE FOR A PROJECT COST WAIVER: This exhibit is an 

example of a table that must be included with any cost based project waiver request. 

Information included in the table: product reference in the specification, brief description 

of the product, quantity, unit, unit price and two costs of the item: (1) cost of an AIS 

compliant product and (2) cost of a non-domestic product. The total cost for all items will 

be part of the evaluation for the project cost waiver. Note: Information in this table is 

subject to evaluation. Waiver requests deliberately containing false information in order 

to receive a project cost waiver will be rejected.

j CHECKLIST FOR STATE ENGINEERS: This exhibit is a checklist that should be 

completed by the RD State Engineer for each project during active construction. It is 

important to note items being stored on-site for installation are compliant with AIS. 

Please ask the Resident Project Representative (RPR) if it is unclear whether or not the 

items in question are compliant with AIS (e.g. via manufacturer’s certification letters). 

For checklists, RD field staff should take pictures of visible items subject to AIS. Pictures 

should include the manufacturer’s label. If there is no label, please ask to be shown the 

manufacturer’s certification for the item in question from the RPR or consulting engineer 

if on-site to verify that the items in question are compliant. These checklists and attached 

pictures are to be submitted to National Office upon final payment.
RUS Bulletin 1780-35

Exhibit A

Page 1

AMERICAN IRON & STEEL COMPLIANCE STATEMENT

“Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A -

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an 

American Iron and Steel requirement to this project. 

All parties are required to comply with these requirements and to ensure that all iron and steel 

products used in this project must be produced in the United States. The term “iron and steel 

products” means the following products made primarily of iron or steel: lined or unlined pipes 

and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps 

and restraints, valves, structural steel, reinforced precast concrete, and construction materials.”
RUS Bulletin 1780-35

Exhibit B

Page 1

ENGINEER’S CERTIFICATION OF COMPLIANCE WITH PROVISIONS OF THE 

AMERICAN IRON AND STEEL REQUIREMENTS OF SECTION 746 OF TITLE VII OF 

THE CONSOLIDATED APPROPRIATIONS ACT OF 2017 (DIVISION A - AGRICULTURE, 

RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2017) AND SUBSEQUENT STATUTES 

MANDATING DOMESTIC PREFERENCE

DATE:

RE: PROJECT NAME

APPLICANT

CONTRACT NUMBER

I hereby certify that to the best of my knowledge and belief all iron and steel products referenced 

in the Plans, Specifications, and Bidding Documents for this project comply with Section 746 of 

Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017)

and subsequent statutes mandating domestic preference or are the subject of a waiver approved 

by the Secretary of Agriculture or designee. This certification is not intended to be a warranty in 

any way, but rather the designer’s professional opinion that to the best of their knowledge the 

documents comply.

I hereby commit that to the best of my ability all iron and steel products that will be referenced in 

the Bid Addenda, Executed Contracts, and Change Orders will comply with Section 746 of Title 

VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017)

and subsequent statutes mandating domestic preference or will be the subject of a waiver 

approved by the Secretary of Agriculture or designee. 

Name of Engineering Firm (PRINT)

By Authorized Representative (SIGNATURE)

Title

This letter is to be submitted prior to Agency authorization of Advertisement for Bids.
RUS Bulletin 1780-35

Exhibit C

Page 1

GENERAL (PRIME) CONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH 

PROVISIONS OF THE AMERICAN IRON AND STEEL REQUIREMENTS OF SECTION 

746 OF TITLE VII OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2017 

(DIVISION A - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017) AND 

SUBSEQUENT STATUTES MANDATING DOMESTIC PREFERENCE

DATE:

RE: PROJECT NAME

APPLICANT

CONTRACT NUMBER

I hereby certify that to the best of my knowledge and belief all iron and steel products installed 

for this project by my company and by any and all subcontractors and manufacturers my 

company has contracted with for this project comply with Section 746 of Title VII of the 

Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent 

statutes mandating domestic preference or are the subject of a waiver approved by the Secretary 

of Agriculture or designee.

This certification is to be submitted upon completion of the project to the project engineer.

Name of Construction Company (PRINT)

By Authorized Representative (SIGNATURE)

Title
RUS Bulletin 1780-35

Exhibit D

Page 1

EXAMPLE OF A MANUFACTURER’S CERTIFICATION LETTER OF COMPLIANCE 

WITH PROVISIONS OF THE AMERICAN IRON AND STEEL (AIS) REQUIREMENTS OF 

SECTION 746 OF TITLE VII OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2017 

(DIVISION A - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017) AND 

SUBSEQUENT STATUTES MANDATING DOMESTIC PREFERENCE

Date:

Company Name:

Company Address:

Subject: AIS Step Certification for Project (X), Owner’s Name, and Contract Number

I, (company representative), certify that the (melting, bending, galvanizing, cutting, etc.) 

processes for (manufacturing or fabricating) the following products and/or material shipped or 

provided for the subject project is in full compliance with the AIS requirement as mandated by

Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A -

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2017) and subsequent statutes mandating domestic preference.

Item, Products and/or Materials, and location of delivery (City, State):

1.

2.

Such processes for AIS took place at the following location:

(City, State)

This certification is to be submitted upon request to interested parties (e.g. municipalities, 

consulting engineers, general contractors, etc.)

If any of the above compliance statements change while providing materials to this project, 

please immediately notify the person(s) who is requesting to use your product(s).

Authorized Company Representative Signature

(Note: Authorized signature shall be manufacturer’s representative not the material distributor 

or supplier)
RUS Bulletin 1780-35

Exhibit E

Page 1

EXAMPLES OF MUNICIPAL CASTINGS (includes but not limited to):

Access Hatches;

Ballast Screen;

Benches (Iron or Steel);

Bollards;

Cast Bases;

Cast Iron Hinged Hatches, Square and Rectangular;

Cast Iron Riser Rings;

Catch Basin Inlet;

Cleanout/Monument Boxes;

Construction Covers and Frames;

Curb and Corner Guards;

Curb Openings;

Detectable Warning Plates;

Downspout Shoes (Boot, Inlet);

Drainage Grates, Frames and Curb Inlets;

Inlets;

Junction Boxes;

Lampposts;

Manhole Covers, Rings and Frames, Risers;

Meter Boxes;

Service Boxes;

Steel Hinged Hatches, Square and Rectangular;

Steel Riser Rings;

Trash receptacles;

Tree Grates;

Tree Guards;

Trench Grates; and

Valve Boxes, Covers and Risers.
RUS Bulletin 1780-35

Exhibit F

Page 1

EXAMPLES OF CONSTRUCTION MATERIALS (includes but not limited to):

Wire rod, bar, angles

Concrete reinforcing bar, wire, wire cloth

Wire rope and cables

Tubing

Framing

Joists

Trusses

Fasteners (i.e., nuts and bolts)

Welding rods

Decking

Grating

Railings

Stairs

Access ramps

Fire escapes

Ladders

Wall panels

Dome structures

Roofing

Ductwork

Surface drains

Cable hanging systems

Manhole steps

Fencing and fence tubing

Guardrails

Doors

Stationary screens
RUS Bulletin 1780-35

Exhibit G

Page 1

EXAMPLES OF NON-CONSTRUCTION MATERIALS – (includes but not limited to):

(NOTE: includes appurtenances necessary for their intended use and operation and are not 

subject to AIS) 

Pumps

Motors

Gear reducers

Drives (including variable frequency drives (VFDs)

Electric/pneumatic/manual accessories used to operate valves (such as electric valve 

actuators)

Mixers

Gates (e.g. sluice and slide gates)

Motorized screens (such as traveling screens)

Blowers/aeration equipment

Compressors

Meters (flow and water meters)

Sensors

Controls and switches

Supervisory control Data acquisition (SCADA)

Membrane bioreactor systems

Membrane filtration systems (includes RO package plants)

Filters

Clarifier arms and clarifier mechanisms

Rakes

Grinders

Disinfection systems

Presses (including belt presses)

Conveyors

Cranes

HVAC (excluding ductwork

Water heaters

Heat exchangers

Generators

Cabinetry and housings (such as electrical boxes/enclosures)

Lighting fixtures

Electrical conduit

Emergency life systems

Metal office furniture

Shelving

Laboratory equipment

Analytical instrumentation

Dewatering equipment.
RUS Bulletin 1780-35

Exhibit H

Page 1

INFORMATIONAL CHECKLIST FOR PROJECT SPECIFIC WAIVER REQUEST

Please reference the specifications of the product.

 Information  Note

General

• Waiver request includes the following information:

— Description of the foreign and domestic constructionmaterials

— Unit of measure

— Quantity

— Price

— Date that product is needed (e.g. time of delivery or availability)

— Location of the construction project

— Name and address of the proposed supplier

— A detailed justification for the use of foreign constructionmaterials

• Waiver request was submitted according to the instructions in the

memorandum

• Assistance recipient made a good faith effort to solicit bids for 

domestic iron and steel products, as demonstrated by language in 

requests for proposals, contracts, and communications with the prime

Cost Waiver Requests

• Waiver request includes the following information:

— Comparison of overall cost of project with domestic iron and

steel products to overall cost of project with foreign iron and 

steel products (Exhibit J)

— Relevant excerpts from the bid documents used by the contractors to 

complete thecomparison

— Supporting documentation indicating that the contractor made a

reasonable survey of the market, such as a description of the 

process for identifying suppliers and a list of contacted suppliers

Availability Waiver Requests

• Waiver request includes the following supporting documentation necessary 

to demonstrate the availability, quantity, and/or quality of the materials for 

which the waiver isrequested:

— Supplier information or pricing information from a reasonable

number of domestic suppliers indicating availability/delivery date 

for construction materials

— Documentation of the assistance recipient’s efforts to find

available domestic sources, such as a description of the process 

for identifying suppliers and a list of contacted suppliers.

— Date that product is needed (e.g. time of delivery or availability) to 

provide justification

— Relevant excerpts from project plans, specifications, and permits

indicating the required quantity and quality of construction 

materials

• Waiver request includes a statement from the prime contractor 

and/or supplier confirming the non-availability of the domestic 

construction materials for which the waiver issought

• Has the State received other waiver requests for the materials described in this

waiver request, for comparable projects?
RUS Bulletin 1780-35

Exhibit I

Page 1

EXAMPLE COST TABLE FOR A PROJECT COST WAIVER

AIS/Non-AIS Cost Comparison Table

Specification

Item or Description

Quantity

Unit

Unit Price

Cost if 

applying AIS 

Cost if a 

waiver to AIS 

is applied

$ - $ - 

$ - $ - 

$ - $ - 

$ - $ - 

$ - $ - 

$ - $ - 

$ - $ - 

$ - $ - 

$ - $ - 

TOTAL COST: $0.00 $0.00
RUS Bulletin 1780-35

Exhibit J

Page 1

CHECKLIST FOR STATE ENGINEERS

Date____________________Project Name___________________________________________

Project Type:__Water__Wastewater__Stormwater__Solid Waste

Applicant/Owner Name:

Project % Completion (estimated):

Total Project Cost: Estimated Materials Cost:

Items Stored OR Installed? US Made (Y/N)/Manufacturer Name 

Ductile Iron Pipe __________________________

Reinforced Conc. Pipe __________________________

Other Steel Pipe __________________________

Fittings __________________________

Valve Boxes __________________________

Hydrants __________________________

Valves __________________________

Fittings/Bends/etc. __________________________

Manholes __________________________

Manhole Frames/Covers __________________________

Other Municipal Castings __________________________

Detection Plates __________________________

Grates __________________________

Manholes/Precast Conc. __________________________

Steel Roofing Materials __________________________

Steel Doors & Frames __________________________

Steel Tanks/Pressure Vessels __________________________

Reinforcing Bar/Wire __________________________

Steel Stairs/Catwalks/Railings __________________________

Unknown Iron/Steel Item __________________________

Deminimis Waiver

General contractor maintains an itemized list of incidental components and the cost is less than

5% of total materials cost for project. YES NO

Minor Components Waiver

General contractor maintains a list of products to which the minor components waiver applies 

and the cost of the non-domestically produced component is less than 5% of total materials cost 

of that product. YES NO

Project Specific Waiver

Is there an approved waiver for this project? Is so, please list. YES NO

Inconsistent with public interest YES NO

Not produced in U.S. in sufficient and reasonable available 

quantities or of a satisfactory quality. YES NO

Cost of the overall project increased by more than 25%. YES NO

 
RUS Bulletin 1780-35

Exhibit J

Page 2

Miscellaneous

Is there a project file that includes all manufacturers’ certifications on site? If yes, please review 

the project file for compliance. YES NO

This inspection form was prepared by: 

_________________________________________________

(Print and sign name)

Consulting Engineer/RPR present (If yes, print name):

General Contractor present (If yes, print name):

Owner/Applicant present (If yes, print name):

Others (If yes, print name):