05-815883-Ex-B1-BuyAmerica-Fill.docx

EXHIBIT B-1

BUY AMERICA

CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY

CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY

EXHIBIT B-1

BUY AMERICA/BUILD AMERICA BUY AMERICA

Federal domestic content statutes and regulations applicable to this project require that all manufactured products used in federally funded projects be produced in the United States. A manufactured product is considered domestic if all of the manufacturing processes for the product take place in the United States and all of the components of the product are of U.S. origin as set forth in 49 C.F.R. § 661.5(d)(1), 49 U.S.C. § 22905(a), or the Build America, Buy America Act, Public Law 117-58, div. G, tit. IX, sections 70901 – 70927 (2021) (the “BABA Act”). A component of a manufactured product for the purposes of FTA-funded projects "is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents." 49 C.F.R. § 661.5(d)(2).

The Contractor must agree to comply with the BABA Act, and, as applicable 49 U.S.C. § 5323(j) and its implementing regulations at 49 C.F.R. Part 661, or 49 U.S.C. § 22905(a), which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in federally- funded ·projects are produced in the United States, unless a waiver has been granted by the federal agency providing grant funding for the project or, in the case of FTA-funded projects, the product is subject to a general waiver pursuant to 49 C.F.R. § 661.7.

General Requirements Except as the Federal Government determines otherwise in writing pursuant to applicable law, the Contractor will comply, as applicable, with:

· Generally, the requirements of the BABA Act and 2 C.F.R. Part 184; and

· For projects funded by the Federal Transit Administration (FTA): the requirements codified at 49 U.S.C. § 5323(j), including implementing regulations at 49 C.F.R. § 661.7 (as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and the FTA, the “FTA Requirements”); or

· For projects funded by the Federal Railroad Administration (FRA): the requirements codified at 49 U.S.C. § 22905(a) (as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and the FRA, the “FRA Requirements”) The requirements set forth above are collectively the “Buy America Requirements”. For purposes of this Exhibit B-1, the term “project” has the same definition as the term “infrastructure project” as defined in the regulations at 2 C.F.R. 184.3.

The Buy America Requirements apply to articles, materials, and supplies that are consumed in, incorporated into, or affixed to the project and extend to all contractors, subcontractors, manufacturers, vendors, and suppliers. As such the contractor will ensure that all purchased materials, equipment, and services that are selected and delivered for use in the project comply with applicable Buy America Requirements, unless a statutory waiver (e.g. a public interest waiver, a nonavailability waiver, or an unreasonable cost waiver) has been granted pursuant to § 70914(b) of the BABA Act and 2 C.F.R. 184.7, 49 U.S.C. § 22905(a), or 49 C.F.R. 661.7, or a general applicability waiver applies in accordance with Appendix A of 49 C.F.R. 661.7.

Consistent with 2 C.F.R. 184.4, an article, material, or supply should only be classified into one of the following categories: Iron or Steel Products, Manufactured Products, or Construction Materials. Once classified, an article, material, or supply must meet the Buy America Requirements for only the single category in which it is classified. The following terms used in this Exhibit B-1 have meanings consistent with 2 C.F.R. 184.3 as follows:

· “Construction Materials” means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) below contains as inputs other items listed in paragraph (1) below, it is nonetheless a construction material.

(1) The listed items are: (i) non-ferrous metals; (ii) plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); (iii) glass (including optic glass); (iv) fiber optic cable (including drop cable); (v) optical fiber; (vi) lumber; (vii) engineered wood; and (viii) drywall.

(2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.

· “Iron or Steel Products” means articles, materials, or supplies incorporated into the project that consist wholly or predominantly of iron, steel, or a combination of both, where “predominantly of iron, steel, or a combination of both” means that the cost of the iron and steel content exceeds 50% of the total cost of all its components.

· “Manufactured Product” means articles, materials, or supplies that have been processed into a specific form and shape; or combined with other articles materials or supplies to create a product with different properties than the individual articles, materials, or supplies.

FRA Requirements All Iron or Steel Products, Manufactured Products, and Construction Materials used in FRA-funded projects must be produced in the United States. The Contractor will comply with all FRA Requirements including: 49 U.S.C. § 22905(a) for Iron or Steel Products and Manufactured Products and the BABA Act for Construction Materials; provided, however, that consistent with FRA guidance, applicable FTA Requirements will apply for FRA-funded projects (specifically FTA regulations at 49 C.F.R. 661.3, 661.5, and applicable parts of 661.11).

FTA Requirements All Iron or Steel Products, Manufactured Products, and Construction Materials used in FTA-funded projects must be produced in the United States. The Contractor will comply with all FTA Requirements, including by ensuring, without limitation, that:

· All manufacturing processes for any Iron or Steel Products and their end products occur in the United States, except metallurgical processes involving refinement of steel additives. For certainty, this means all manufacturing processes from the initial melting stage through the application of coating occurs in the United States.

· All manufacturing processes for any Manufactured Products and their end products (which end products are not made primarily of steel or iron) occur in the United States.

· All of the components of any Manufactured Product are of United States origin, provided that a component is considered of United States origin if it is manufactured in the United States, regardless of the origin of its subcomponents.

· The cost of the components of any Manufactured Product that are mined, produced, manufactured in the United States is greater than 55% of the total cost of all components of the Manufactured Product as determined using the instructions provided in 2 C.F.R. 184.5.

· With respect to Construction Materials:

· For non-ferrous metals, all manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States;

· For plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), all manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States;

· For glass (including optic glass), all manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States;

· For fiber optic cable (including drop cable), all manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others;

· For optical fiber, all manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States;

· For lumber, all manufacturing processes, from initial debarking through treatment and planning, occurred in the United States;

· For engineered wood, all manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States; and

· For drywall, all manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States In accordance with Buy America Requirements, the Offeror must submit the appropriate form of the Buy America Certification provided in this Exhibit B-1 with its offer to reflect that it will comply with Buy America Requirements including all applicable regulations, guidance, and contractual obligations. Offers that are not accompanied by a completed Buy America Certification may be rejected as non-responsive.

[Remainder of page left intentionally blank. Buy America Certification follows on the next page.]

CHOOSE AND COMPLETE THE APPROPRIATE CERTIFICATION BELOW

BUY AMERICA/BUILD AMERICA BUY AMERICA CERTIFICATION PRODUCTS/CONSTRUCTION

REQUIRED PRICING PROPOSAL SUBMITTAL

FAILURE OF OFFEROR / BIDDER TO FURNISH THIS EXECUTED DOCUMENT WITH ITS PROPOSAL/ BID MAY BE CONSTRUED BY CAPMETRO AS A NEGATIVE RESPONSE AND THE OFFER WILL NOT BE CONSIDERED.

BUY AMERICA/BUILD AMERICA BUY AMERICA CERTIFICATE FOR PROCUREMENTS OF

IRON OR STEEL PRODUCTS, MANUFACTURED PRODUCTS, AND CONSTRUCTION MATERIALS

To the extent this procurement is subject to Federal Requirements, bidder/offeror must complete and submit the appropriate certification as set forth below. Federal Requirements pursuant to 49 U.S.C. § 5323(j)(1) or 49 U.S.C. § 22905(a) permit federal participation on this Contract only if all Iron or Steel Products and Manufactured Products used in the contract are produced in the United States. Federal Requirements pursuant to Public Law 117-58, div. G, tit. IX, sections 70901 – 70927 (2021) (the “BABA Act”) permit federal participation on this contract only if Construction Materials used in the federally-funded project are produced in the United States.

Certificate of Compliance with Buy America Requirements

The undersigned Bidder or Offeror hereby certifies that it will comply with the requirements of 49 U.S.C. § 5323(j)(1), the applicable regulations in 49 C.F.R. Part 661, 49 U.S.C. § 22905(a), and the BABA Act.

Signature:

OR

Certificate of Non-Compliance with Buy America Requirements

The undersigned Bidder or Offeror hereby certifies that it cannot comply with the requirements of the BABA Act, 49 U.S.C. § 5323(j), or 49 U.S.C. § 22905(a), but it may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), the applicable regulations in 49 C.F.R. 661.7, 49 U.S.C. § 22905(a), and any applicable requirements of the BABA Act, including 2 C.F.R. Part 184.

Signature:

Note: If an exception to the Buy America/Build America Buy America Requirements is claimed through an applicable waiver, whether a statutory waiver or a general applicability waiver, the Contractor will attach supporting documentation of such waiver to this certificate.