West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-8 - Control of Material

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Source of Supply and Quality Requirements. The material used on the work shall
				meet all quality requirements of the contract. To expedite the inspection and
				testing of materials, the contractor shall notify the engineer of his or her
				proposed sources of material as required in subsection 5.10 of this rule. At
				the option of the engineer, materials may be approved at the source of supply
				before delivery is started. If it is found after trial that sources of supply
				for previously approved materials do not produce specified products, the
				contractor shall furnish materials from other sources at no increase in cost to
				the division.
8.1.a. The contractor shall
				provide and maintain a quality control system. This quality control system
				shall conform to all requirements of the specifications.
8.1.b. The contractor shall maintain
				equipment and qualified personnel to perform all sampling and testing to
				determine the magnitude of the various properties of the materials during
				manufacturing and placement as governed by the specifications and shall
				maintain those properties within the limits of the specifications.
8.1.c. The contractor shall design a quality
				control plan detailing the methods by which the quality program will be
				conducted.
8.1.d. The quality
				control plan shall be in accordance with the applicable specifications and
				material procedure(s) for the specified item. The plan should clearly describe
				the methods by which the quality control program will be conducted. The quality
				control plan shall be submitted to the engineer at the pre-construction
				conference. The work shall not begin on the applicable item(s) until the plan
				has been reviewed and found to be in conformance with the contract documents
				and accepted by the engineer. Items that require testing by the contractor, but
				stipulate that acceptance shall be based upon written certification, do not
				require quality control plans.
8.1.e. Domestic Aluminum, Glass, Steel and
				Iron in Public Works Project.
8.1.f. Definitions. Unless the context in
				which used clearly requires a different meaning, as used in this section:
8.1.f.1. "Public Works" includes roads,
				highways, streets, bridges, sidewalks, sewage systems, buildings, engineering
				and architectural works, and any other structure, facility or improvement
				constructed or undertaken by the division. "Aluminum, glass, steel and iron
				products" means products rolled, formed, shaped, drawn, extruded, forged, cast,
				fabricated, or otherwise similarly processed from aluminum, glass, steel, and
				iron. "Domestic aluminum, glass, steel and iron products" means aluminum,
				glass, steel, and iron products made in the United States.
8.1.f.2. Buy America requirements apply to
				coating. Coating is considered a manufacturing process and is interpreted to
				mean all processes that protect or enhance the value of a material or product
				to which it is applied such as epoxy coatings, galvanizing or
				painting.
8.1.g.
				Preference For Domestic Aluminum and Glass Products. The division shall require
				that all aluminum or glass products to be supplied to purchase order or state
				and federal projects shall be domestic aluminum or glass products in compliance
				with Chapter 5, Article 19 of the West Virginia Code, unless the offered or bid
				price of the domestic aluminum or glass products is unreasonable or that the
				domestic aluminum or glass products are not produced in sufficient quantities
				to meet the project requirements. The offered or bid price of domestic aluminum
				or glass products is not unreasonable unless it is more than 20 percent higher
				than the offered bid price of foreign made aluminum or glass products
				(including any applicable duty). If the aluminum or glass products to be
				supplied are produced in a "substantial labor surplus area" as determined by
				the United States Department of Labor, the offered or bid price of domestic
				aluminum or glass products is not unreasonable unless it is more than 30%
				higher than the offered or bid price of foreign-made aluminum or glass products
				(including any applicable duty). A listing of the "substantial labor surplus
				areas" can be obtained from the division's contract administration division.
				This Section does not apply to any state or federal project in an amount less
				than $50,000.00.
8.1.h. Contract
				Payments; Recovery in Case of Violation of Section. The division may not
				authorize or make any payments to a contractor under a contract which contains
				or should contain the provision required by section 8.1.g. unless such
				contractor has fully complied with such section. Prior to such payment, the
				division will require the contractor to furnish a certificate of compliance
				from each subcontractor and supplier. Payments made by the division to any who
				did not comply with this section may be recovered by the division.
8.1.i. Procedures For Use of Foreign-Made
				Materials. If foreign-made aluminum, glass or steel (iron) products are
				supplied in compliance with this Section, the Contractor shall be responsible
				for providing procedures acceptable to the Division for determining that
				specification requirements are met, including all inspections at no additional
				cost to the Division. The use of foreign-made products will not be reason for
				granting an extension of time.
8.1.j. Use of Domestic Steel Products. When
				steel or iron is used it shall be in compliance with Section 165 of the Surface
				Transportation Assistance Act of 1982, the applicable provisions of Title  23 CFR, Section 635.410, as amended, entitled "Buy America Requirements," and W.
				Va. Code §§
										5A-3-56 and 5-19.
8.1.j.1. Pig Iron and processed, pelletized,
				and reduced iron ore manufactured outside of the United States may be used in
				the domestic manufacturing process for steel and/or iron materials used in
				Federal-aid highway construction projects.
8.1.j.2. Division shall require that all
				steel products to be supplied to purchase order or state and federal projects
				shall be domestic steel products in compliance with W. Va. Code
				§
											5A-3-56.
8.1.j.3. These
				provisions may not prevent the minimal use of foreign steel provided the proper
				approval is obtained in writing per W. Va. Code §
											5A-3-56.
8.1.k. Domestic Steel Products. To
				be a Domestic Steel product all manufacturing processes, including application
				of a coating, for these materials must occur in the United States including all
				of its territories, continental, or insular, subject to the jurisdiction of the
				United States. Steel manufacturing processes shall include rolled, formed,
				shaped, drawn, cast, fabricated or otherwise similarly processed, or processed
				by a combination of two or more such operations, from steel made by the open
				hearth, basic oxygen, electric furnace, bessemer, or other steel making
				process. Coating includes all processes that protect or enhance the value of
				the material to which the coating is applied.