Assistance in Ascertaining Compliance With Law and Facts Concerning Construction of Bridge With Foreign Steel

Questions were raised concerning the monitoring by the Federal Highway Administration (FHwA) of its buy American requirements in the award of a contract for the construction of a continuous segmented concrete bridge in Indiana. Contracts are awarded on the basis of the lowest bid for construction. State and FHwA officials do not determine life-cycle costs of concrete and steel bridges because maintenance costs are not a factor in awarding contracts. FHwA has no special provisions for monitoring compliance with its buy American requirements. These requirements, or state buy American requirements, if they are more restrictive, are made part of the construction contract and are considered the same as any other contract provision. The states are primarily responsible for monitoring contractors' compliance with contract terms.