1. (1) Contract Requirement. Unless waived in accordance with subsection 60D-16.002(3), F.A.C., a Governmental Entity entering into a contract for a Public Works Project or for the purchase of materials for a Public Works Project must include in the contract a requirement that any Iron or Steel Product Permanently Incorporated in the Project be Produced in the United States, as provided in section 255.0993, F.S., and Chapter 60D-16, F.A.C.

2. (2) Minimal Use. Subsection 60D-16.002(1), F.A.C., does not prevent a minimal use of foreign steel and iron materials Permanently Incorporated in the Project if:

   1. (a) Such materials are incidental or ancillary to the primary product and are not separately identified in the Project specifications; and
   2. (b) The cost of such materials does not exceed one-tenth of 1 percent of the Total Contract Cost or $2,500, whichever is greater. For purposes of this subparagraph, the cost of such materials is that shown to be the value of the Iron or Steel Products as they are delivered to the Project.

3. (3) Waiver.

   1. (a) The Administering Entity for a Project may waive the requirement set forth in subsection 60D-16.002(1), F.A.C., with respect to such Project if it solely determines that any of the following apply to the Project:

      1. Iron or Steel Products Produced in the United States are not produced in sufficient quantities.

      2. Iron or Steel Products Produced in the United States are not reasonably available.

      3. Iron or Steel Products Produced in the United States are not of satisfactory quality.

      4. The use of Iron or Steel Products Produced in the United States will increase the Total Cost of the Project by more than 20 percent.

      5. Complying with subsection 60D-16.002(1), F.A.C., is inconsistent with the public interest.

   2. (b) Prior to making a determination that a Waiver applies to a Project, the Administering Entity shall complete the “U.S.-Produced Iron & Steel Waiver Form,” effective 6/2025, hereby incorporated by reference and available at HYPERLINK "https://flrules.org/gateway/reference.asp?No=Ref-18066"https://flrules.org/gateway/reference.asp?No=Ref-18066. To aid the Administering Entity in making a determination under paragraph 60D-16.002(3)(a), F.A.C., the Administering Entity may utilize the “U.S.-Produced Iron & Steel Sample Waiver Checklist,” effective 6/2025, hereby incorporated by reference and available at HYPERLINK "https://flrules.org/gateway/reference.asp?No=Ref-18067"https://flrules.org/gateway/reference.asp?No=Ref-18067. The Admnistering Entity is responsible for maintaining any records associated with its determination that a Waiver applies to a Project in accordance with applicable law.
   3. (c) If the Administering Entity for a Project waives the requirement set forth in subsection 60D-16.002(1), F.A.C., but later determines, prior to completion of the Project, that the Waiver no longer applies (e.g., Iron or Steel Products Produced in the United States become reasonably available), then the Administering Entity shall comply with subsection 60D-16.002(1), F.A.C., with respect to any contracts for the Project or for the purchase of materials for the Project entered into after the date the Adminstering Entity determines that the Waiver no longer applies.
   4. (d) The governing body of the Adminstering Entity may designate by resolution, order, or written delegation one or more officers or employees of the Administering Entity to carry out the Administering Entity’s respoinsibilities under this Chapter 60D-16, F.A.C., on behalf of the Administering Entity.
4. (4) In accordance with section 255.0993(5), F.S., this rule does not apply to contracts procured by the Department of Transportation subject to the Buy America requirements of 23 C.F.R. s. 635.410.

Rulemaking Authority 255.0993(4) FS. Law Implemented 255.0993 FS. History–New 6-17-25.