Form DOT CEM-3101 at a glance
What it is: Form DOT CEM-3101, Notice of Materials to Be Used, is used to arrange inspection of construction materials; the contractor will use it to identify non-complying items for the De Minimis Costs Waivers Worksheet, if desired.
Where and when to file: To avoid delay in approval of materials, Caltrans must receive, before the preconstruction conference, Form DOT CEM-3101, "Notice of Materials to Be Used."
A filled-in Form DOT CEM-3101 example: a prime contractor lists one bid item
How to fill out Form DOT CEM-3101, box by box
Resident Engineer, date and contract
Fill in Resident Engineer and Date, then the contract number after Materials required for use under contract number (1).
The contract number and job limits must be the same as they appear on the special provisions.
Fill in the District, County, Route and Postmile.
Contract bid item, code and description
Under Contract Bid Item Number, enter the sequential item number of the contract.
Under Item Code, enter the number for which the material is to be used. It is a six-digit number.
Under Contract Item Description, enter an item description of the material as described in the special provisions.
Under Item Component, enter the specific description of material to be used, not necessarily the name of the contract item.
Build America Buy America classification
The Build America Buy America Classification Code column refers to material subject to Build America, Buy America requirements. Disregard this portion if the project does not contain Special Provision Section 6-1.04F, “Buy America Waiver for the De Minimis Costs for Manufactured Products and Construction Materials.”
For federally funded projects with Special Provision Section 6-1.04F, in accordance with the Build America, Buy America (BABA) Act, the contractor must self-certify the materials to be used according to one of the classifications in 23 CFR 635.410 and 2 CFR 184.
Classify each material in accordance with one of the items in the following list: 1. Iron or steel products, melted and manufactured in the United States 2. Iron or steel products, non-domestic 3. Manufactured product, final assembly (manufacturing) in the United States 4. Manufactured product, both 55 percent or higher cost and final assembly (manufacturing) in the United States 5. Manufactured product, non-domestic 6. Construction material, domestic 7. Construction material, non-domestic
If intending to request a De Minimis costs waiver, the contractor must track all compliant and non-compliant items and submit the cumulative totals in the De Minimis Costs Waiver Worksheet.
For items under Classification 2, see Section 6-1.04C, "Iron or Steel Products," for the waiver thresholds. For items under Classification 5 or 7, see Section 6-1.04F, "Buy America Waiver for the De Minimis Costs for Manufactured Products and Construction Materials."
Quantity and manufacturer or provider
Under Item Component Quantity, enter the item component quantity of material being provided from the manufacturer or provider.
Under Manufacturer/Provider, enter the manufacturer or fabricator of the item: list the name, address and email address of the manufacturer or fabricator. Also list the name and address of the location where inspection will occur, if different from the manufacturer or fabricator.
Prime contractor signature and address
Enter Prime Contractor (Print Name), sign on Prime Contractor Signature, and fill in Prime Contractor Address, Business Phone, Business Fax and Email Address.
By providing your electronic signature for this form, you agree to conduct business transactions by electronic means and that your electronic signature is the legal binding equivalent to your handwritten signature. You also agree that your electronic signature represents your execution or authentication of this form, and your intent to be bound by it.
More rules for Form DOT CEM-3101
It is requested that the contractor arrange for sampling, testing, and inspection of materials before delivery in accordance with Section 6, "Control of Materials," of the Standard Specifications.
It is understood that source inspection does not relieve the prime contractor of the full responsibility for incorporating into the work, materials that comply in all respects with the contract plans and specifications, nor does it preclude the subsequent rejection of materials found to be unsuitable.
For federally funded projects with Special Provision Section 6-1.04, “Buy America,” the resident engineer will confirm that the De Minimis Costs Waivers Worksheet complies with the specification.
If the sources of materials are not known before the pre-construction conference, the contractor must make every effort to identify any potential BABA non-compliant items (classified as 2, 5 or 7 in the preceding list shown in number 6 of these form instructions).
Multiple submittals may be necessary. Resubmit a Form DOT CEM-3101 for all changes or revisions.
When placing orders for materials that require inspection before shipment, be sure to indicate on your request form that state inspection is required before shipment.
If the required information is not provided, delays in inspection may occur. Failure to submit a fully completed form for all materials subject to Section 6-1.04, "Buy America," of the Standard Specifications may result in payment withholds and rejection of De Minimis cost waivers.
For federally funded projects with Special Provision Section 6-1.04, "Buy America," Section 6-1.01, "General," of the special provisions states, "If you fail to submit the form for materials subject to Buy America, the Department may: Withhold from the next progress payment. Reject your request for a De Minimis Costs waiver for non-compliant construction materials or manufactured products."
Common questions about Form DOT CEM-3101
Is there a deadline?
Submit a Form DOT CEM-3101, "Notice of Materials to Be Used," for a given bid item as soon as a provider is known and before installation.
Where do I file it?
Form DOT CEM-3101, "Notice of Materials to Be Used," must be submitted to the resident engineer who will confirm the form is correct. The resident engineer will return incomplete or non-compliant forms to the contractor for correction.
Sources
[1] Form DOT CEM-3101 (REV 04/2026), Notice of Materials to Be Used, California Department of Transportation (the Official source link on this page).