SECTION 391.243. Buy America Requirements for Iron and Steel Used in Construction Contracts

(a) In accordance with Texas Government Code §2252.202, all iron or steel products (i.e., rolled structural shapes including wide flange beams and columns, angles, bars, plates, sheets, hollow structural sections, pipe, etc.) used in construction contracts must be produced, manufactured and fabricated in the United States, except as provided by subsection (c) of this section.

(b) The solicitation and resulting contract for a project described by subsection (a) of this section must include a requirement that all iron or steel products to be used must be produced, manufactured and fabricated in the United States unless it has been determined under subsection (c) of this section that the specific project at issue is exempt from the requirements of Texas Government Code §2252.202.

(c) If it is determined that Texas Government Code §2252.203 exempts a project from the requirements of using iron and steel produced, manufactured and fabricated in the United States, HHSC documents the contract file with a written determination that the project is exempt. The written determination must include the specific reason(s) under Texas Government Code §2252.203 for the determination of exemption.

Source Note: The provisions of this §391.243 adopted to be effective May 12, 2021, 46 TexReg 3017