The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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"Buy America" Act Summary

Reference Number: MTAS-2039
Tennessee Code Annotated
Reviewed Date: October 09, 2015
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Municipalities may not buy any materials used for highway or roadway construction, re-surfacing, or maintenance from any:

  • Foreign government,
  • Company wholly owned or controlled by a foreign government, or
  • Agency of such foreign government or company.

Materials include, but are not limited to, asphalt cement, asphalt emulsion, rock, aggregate, liquid and solid additives, sealers, and oils.

This statute does not apply if materials made by American companies are considered in unsatisfactory quality, found unavailable in sufficient quantity, or priced at an amount that will increase the overall project cost by 5% more than the overall project costs using materials produced by foreign companies.

The T.C.A. citation for this topic is T.C.A. § 54-5-135.