The Division of Local Assistance (DLA) recently sent this letter to transportation partners clarifying the new Right of Way Certification forms and applicable Buy America provisions. I shared information about these topics in previous posts (Buy America FAQs & Resources and Interim RW Certification Forms (13-A& 13-B)), but if you’re new the site, the letter from DLA helps explain some of the most discussed topics for those involved with Federal-aid projects since MAP-21 went into effect.
New Right of Way Certification Forms
To comply with FHWA’s Buy America requirement regarding utility relocations[1], Interim Right of Way Certification Short Form (LAPM Exhibit 13-A) and Interim Right of Way Certification (LAPM Exhibit13-B) were issued and became effective May 1, 2013.
Although the new 13-A and 13-B were revised to document certifications not compliant with Buy America provisions, it’s important to understand that a project cannot be advertised until they become compliant. [2]
“Do Buy America provisions apply to utility relocations done by the utility company?”
FHWA clarified this at their Buy America Q&A site, but the letter provides a more direct answer:
… if he utility relocation could be federally reimbursed (whether it is or not doesn’t actually matter) then Buy American provisions do apply. If the utility relocation is not eligible and therefore cannot be federally reimbursed, then Buy America provisions do not apply to that particular work.
