SECTION 106 – CONTROL OF MATERIAL AND EQUIPMENT
106.01 Source of Supply and Quality Requirements
Ensure that materials furnished for the Project are new, unless otherwise specified in the Contract. Comply with 2 CFR 200.323 – Procurement of recovered materials, ensuring that materials furnishe d for the Project contain, “the highest percentage of recovered materials practicable,” where the purchase price of the covered item listed exceeds $10,000. Use materials that conform to the requirements of the Contract. When required by the Contract, use only products and suppliers listed on the QPL. Use sources of materials that have been approved by the Department on a Materials Questionnaire as specified in 106.04. Within 12 hours of receiving a shipment of material, notify the RE of the type, size, quantity, and location of the material. Within 2 days of the receipt of material, provide the RE with the delivery ticket indicating the Project, Contractor, material supplier, date shipped, material description, quantity, Item, and Item number. Do not change the source, brand, or type of material from that which has been approved for use, without the consent of the Department as specified in 106.04. For telecommunication and video surveillance services or equipment a certification is required to confirm that the telecommunication and video surveillance services or equipment are not from companies as listed in 2 CFR 200.216. Ensure that the certification includes the statement that all telecommunication and video surveillance services or equipment proposed in this project are not produced by companies as listed in 2 CFR 200.216.
106.02 Department-Furnished Material
If the Department furnishes materials, the Department will deliver or make the materials available at the points specified in the Special Provisions. After the Contractor picks up or takes possession of Department-furnished material, submit written notice to the Department certifying that the material was received, inspected, and accepted by the Contractor. After the notice is submitted, the Contractor is responsible for the material. The Department has the right to recover costs from the Contractor for losses, deficiencies, or damage to materials that occur after receipt by the Contractor. The Department may require the Contractor to replace, at no cost to the Department, the lost, deficient, or damaged material with material that is acceptable to the Department.
106.03 Foreign Materials and Equipment
Comply with the appropriate statutes and regulations concerning the use of foreign materials as follows:
1.Wholly State Funded Projects. Comply with N.J.S.A. 52:32-1 and N.J.S.A. 52:33-1, et seq., which prohibits the use by the Contractor or subcontractors of farm products or materials produced or manufactured outside of the United States on public work. The Department may allow exceptions if its enforcement would be inconsistent with the public interest, where the cost of enforcing the prohibition would be unreasonable, or where the material in question is not of a class or kind mined, produced, or manufactured in the United States.
2.Federal Aid Projects. Comply with the Federal statutes and regulations that establish the “Buy America” requirements applicable to the Project. These Federal requirements, which are contained in 23 CFR 635.409 and 23 CFR 635.410, mandate among other things that manufacturing processes for iron and steel materials and all iron and steel coatings must be performed in the United States. Comply with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52. Comply with IIJA’s three categories: iron and steel, manufactured products, and construction materials:
a.Ensure all iron and steel used in the project are produced in the United States. Ensure all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
b.Ensure all manufactured products as defined by IIJA are exempted from the Buy America requirements pursuant to 48 FR 50399 (1983) which excludes manufactured products from 23 CFR 635.410.
c.Ensure all construction materials are manufactured in and manufacturing processes occurred in the United States. Construction materials includes an article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including PVC, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber or drywall. Items that consist of two or more of the listed materials that have been combined through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. For steel and iron products incorporated into the Project, provide the RE a certification from the manufacturer stating the country where the steel or iron product was melted and manufactured including application of coatings which protect or enhance the value of the material. Ensure that 4 copies of the manufacturer’s certification are provided with each delivery of steel and iron products. Retain 1 copy and submit 3 copies to the RE. Ensure that the certification includes, materials description, quantity of material represented by the certification, country of manufacture, and notarized signature of a person having legal authority to bind the supplier. If a Certification of Compliance as specified in 106.07 contains a statement regarding the country of manufacture, a separate certification is not necessary. If the use of foreign materials is allowed, the Department may require the Contractor to deliver the material to a Department-approved site for sampling, inspection, and testing. Do not use or incorporate the foreign material into the Work before the Department approves the material. If the Department finds the Contractor failed to comply with the Federal or State provisions regarding foreign materials, the Department may require the unapproved foreign material be removed and replaced with acceptable material. If the Department decides not to remove the unapproved foreign material, the Department will not make payment for the Item incorporating unapproved foreign material, and will make the findings, including the Contractor’s name, public. Comply with 2 CFR 200.216 Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment. Do not provide Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Do not provide video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hanghzou Hikvision Digital Technology Comp any, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Do not provide Telecommunications or video surveillance services provided by such entities or using such equipment. Do not provide Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Do not provide any equipment assembled by others that has an integral component that was manufactured and supplied by the aforementioned companies.
106.04 Materials Questionnaire
At least 30 days before shipment of a material, and at least 30 days before fabrication of structural steel, precast concrete, and prestressed concrete Items, notify the RE of the proposed source of materials using the Materials Questionnaire form provided by the Department. For soil aggregate and dense-graded aggregate (DGA) material, submit a copy of recently performed test results for washed gradation test, proctor test, and other tests, as specified in 901.11, for the source with the Materials Questionnaire. For ITS systems as specified in Section 704, obtain approval of system working drawings including individual components and Electrical material instead of submitting a materials questionnaire. The Department will approve the source of material based on conformance of the source or material with the requirements of the Contract. If the material is required by the Contract to be listed on the QPL, the Department will base approval on the QPL. A material is not approved for use solely because the product is on the QPL; the Contractor must submit the material for approval. Do not order, fabricate, or procure materials before obtaining material source approval by the Department. Approval by the ME of a proposed source of aggregate materials does not constitute approval of materials delivered to the Project Limits from that source, but is permission to select and use materials from that source only so long as they conform to the Specifications. As the work progresses, ensure that materials selected from approved sources continue to conform to the Specifications. The Department will not approve material from firms and individuals suspended or debarred by the Department, included in the State of New Jersey Consolidated Debarment Report as maintained by the Department of the Treasury, Division of Building and Construction, Bureau of Contractor Prequalificat ion, or in the Federal Government’s General Services Administration document titled “List of Parties Excluded from Federal Procurement and Nonprocurement Programs (GSA List).”
106.05 Materials Inspections, Tests, and Samples
All materials being used are subject to inspection and testing at any time before Acceptance. For material that is to be fabricated, notify the RE, in writing, at least 21 days before the start of fabrication of the designated material to allow for inspection. For materials that are stored, locate the materials so that the Department may promptly and conveniently inspect them. The Department’s test results are the official test results for acceptance or rejection of materials. The Department will base acceptance or rejection on acceptance testing results or Certifications of Compliance for the various materials as specified in the respective methods of test or in the Subsections applicable to that particular material or work. After inspection, store materials to ensure the preservation of their quality. The Department has the right to reinspect or retest materials regardless of previous approvals. The Department may require additional samples to determine the quality and suitability of materials for their intended uses. The provisions in Section 106 do not limit the rights of the Department to order spe cial inspections or tests as specified in 105.01.02. Submit to the RE a request for HMA plant and field inspection, concrete plant and field inspection, and in -place testing for soil aggregate b y 1:00 p.m. of the day before the requested inspection, or by 1:00 p.m. of the previous Friday for inspections requested for a Monday. With the request, provide the RE with the locations, estimated quantities, and estimated start times for each type of material. If the start time for a material delivery is delayed by more than 2 hours, the Department has the right to cancel the request, and require the Contractor to submit a new request. The Department will not pay for unapproved materials, and the Contractor shall remove and replace unapproved materials at no cost to the Department. When the Department performs testing on materials, the Department will bear the expense of the testing except as otherwise specified. For aggregates that do not meet the requirements of the Contract for gradation or density or are not used in the Work, the Department has the right to charge the Contractor for the cost of sampling and testing at Departmental rates. The Department will charge $300.00 per failing sample tested fo r gradation and $200.00 per failing lot or sublot tested for density.
106.06 Plant Inspection
The ME has the right to inspect the materials at the source and has the right to inspect manufacturing plants periodically for compliance with specified manufacturing methods. The ME may obtain material samples for laboratory testing for compliance with materials quality requirements at the plant or may use plant inspection as the basis for the acceptability of manufactured materials. In the event plant inspection is undertaken, meet the following conditions:
1.Ensure that the ME has the cooperation and assistance of the Contractor and the producer.
2.Ensure that the ME has full access at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished.
3.If required for the use of the ME, provide office space located conveniently in or near the plant.
4.Ensure that adequate safety measures for the ME are provided and maintained. The Department reserves the right to retest or reinspect materials that have been approved at the source of supply after they have been delivered and to reject materials which, when retested or reinspected, do not meet the requirements of the Contract.
106.07 Certification of Compliance
106.07.01 Certification of Compliance
Submit manufacturer’s Certifications of Compliance stating that the materials and assemblies fully comply with the requirements of the Contract when required by the Contract or requested by the Department. Ensure that manufacturer’s Certification of Compliance contains the following information:
1.Project Name.
2.Name of the Contractor.
3.Material description.
4.Quantity of material represented by the certification.
5.Means of identifying the consignment, such as label marking or seal number.
6.Date and method of shipment.
7.A statement that the material conforms to the Contract material requirements and that r epresentative samples have been sampled and tested.
8.If the submission is for an assembly of materials, a statement that the assembly conforms to the Contract.
9.Signature of a person having legal authority to bind the supplier.
10.Typed or printed name of the person who signed the certification. Before incorporating the materials into the Project, obtain 3 copies of the manufacturer's Certifications of Compliance for materials, components, and manufactured items that are accepted by certification. Retain 1 copy and submit 2 copies to the RE. With the Certification of Compliance, provide a transmittal identifying the Item for which it is submitted. For products that contain steel or iron, attach additional documents as required by the certification procedures as specified in
106.07.02 The Contractor may submit the Certifications of Compliance electronically to the RE in a scanned document.
Include the transmittal and all backup documentation in the scanned document. The Department has the right to sample and test materials or assemblies accepted on the basis of Certifications of Compliance at any time. The Department will reject materials or assemblies, whether in place or not, if found not to be in conformance with the Contract requirements. The Department will not make payment for an Item for which material is accepted on the basis of a Certification of Compliance until the RE has received the required Certification of Compliance, and has inspected and accepted the material or assembly.
106.07.02 Certification for Iron and Steel, and Construction Materials
A.Precast Concrete Steel and Concrete Pipe Certification of Compliance. For precast concrete and concrete pipe items, a Buy America Compliance Plan is required to confirm that the material meets the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117 -58, §§ 70901-52 as specified in 106.03. The ME will periodically audit compliance with the program at the precast plant. If the precast concrete item is not inspected by ME, submit a Certification of Compliance for the precast concrete item as required in 106.07.01. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the reinforcing steel used in the precast concrete item complies with the Buy America requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117 -58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03.
B.Certification for Construction Materials. For construction materials, a Buy America Compliance Plan is required to confirm that the material meets the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117 -58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03. When a Certification of Compliance is submitted, ensure that the Certification of Compliance contains a statement that the construction materials used co mplies with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117 -58, §§ 70901-52 as specified in 106.03.
C.Step Certification of Compliance . For products that contain steel or iron components and are not covered in
106.07.02 A, step Certification of Compliance is required to confirm that the item meets the Buy America
requirements and the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52 as specified in 106.03. A step certification is a process under which each handler (e.g., supplier, fabricator, manufacturer, processor, coating facility) of the iron and steel components certifies that the steel and iron components were of domestic origin, and that their step in the process was domestically performed. Every step in the process from melting to coating must be performed in the United States in order for the steel or iron component to be considered domestic and must be documented by step certification. If a domestic source for a steel or iron component cannot be found, submit a request for waiver to the Department. Do not purch ase non-domestic steel or iron components without the express written consent of the Department. Ensure that 3 copies of the Contractor’s Certification of Compliance (Form DC -17) and the step Certifications of Compliance are provided for items containing steel or iron. Retain 1 copy and submit 2 copies to the RE. The Contractor may submit the DC-17 and the step certifications electronically in a scanned document. Ensure that step Certifications of Compliance contain the following information:
1.Name of the Company supplying the material.
2.Name and location of the Company the material was shipped to.
3.Material description.
4.Quantity of material represented by the Certification.
5.Means of identifying the consignment, such as label marking or seal number.
6.Date and method of shipment.
7.A statement that the material conforms to the Contract material requirements and to the Buy America requirements in 106.03 and the Infrastructure Investm ent and Jobs Act (“IIJA”), Pub. L. No. 117 -58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52.
8.A statement that all steel or iron components in the material or assembly were “melted and manufactured in the US”, unless there is non-domestic steel or iron in the material or assembly.
9.If there is non-domestic steel or iron in the assembly, describe in detail the non-domestic steel or iron material and the quantity. Attach a copy of the Department’s approval for the use of non -domestic steel or iron components.
10.Signature of a person having legal authority to bind the supplier.
11.Typed or printed name of the person who signed the certification. The Department will not make payment for work containing steel or iron materials until the RE has received the required DC-17 and step Certifications of Compliance, has inspected and accepted the material or assembly.
106.08 Unacceptable Material
Materials, whether in place or not, that do not conform to the requirements of the Contract, are considered unacceptable. The Department will reject unacceptable materials. Immediately remove rejected materials, unless approved by the RE as specified in 105.03. Do not use rejected material, for which the defects have been corrected, until approval has been given by the RE.
106.09 Substitutes for Proprietary Items
If material or equipment is specified in the Contract by using the name of a pro prietary item or the name of a particular supplier, the Contractor may propose a substitute except when the Special Provisions state that no substitution is permitted. To request approval for using a substitute item of material or equipment, submit a written request to the RE including the following:
1.Certification that the proposed substitute performs the functions and achieves the results called for by the design, is similar and of equal substance to that specified, and is suited to the same use as that specified.
2.Details or catalogue cut sheets on the material properties of the substitute.
3.A statement that the evaluation and approval of the proposed substitute does not hinder the Contractor’s ability to complete the Contract as specified in 108.10.
4.A statement that the proposed substitute for use in the Work does not change or modify the Contract.
5.Difference between the proposed substitute from that specified.
Referenced in this section
Control of Material and equipment in other states
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Source: Standard Specifications for Road and Bridge Construction, 2019 (rev. 2022-12-21) Edition. Pages 80–84 of 651. View official source ↗