1-26-22 Attachment E BABAA Self-Certification Form.pdf

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Attached to
Terminal Building Standby Generator Project
Solicitation number
26-22
Issued by
Brazoria County, Amarillo City, Texas

About this file

This file is a Buy America, Build America Act (BABAA) Self-Certification Form required by FEMA for contractors and subcontractors bidding on infrastructure projects receiving federal financial assistance. The form applies to the Terminal Building Standby Generator Project in Brazoria County, Texas, which involves the installation of a 300 kW three-phase permanent diesel generator, concrete pad, and automatic transfer switch at the Texas Gulf Coast Regional Airport. Contractors and subcontractors must certify compliance with BABAA requirements prior to contract award, confirming that all iron, steel, manufactured products, and construction materials used in the project are produced in the United States.

The certification requires contractors to verify that all iron and steel manufacturing processes occurred entirely within the United States from initial melting through coating application, that all manufactured products contain a minimum of 55 percent domestic content by component cost unless another standard applies, and that all construction materials are manufactured in the United States. Contractors and subcontractors must sign the form under penalty of false statements as outlined in 31 U.S.C. Chapter 38, acknowledging the Administrative Remedies for False Claims and Statements. The form must be executed by an authorized official with signature, name, title, and date before submission to the next tier in the contracting chain.

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ATTACHMENT C

Buy America, Build America Act (BABAA)

Required Self-Certification

For FEMA financial assistance programs subject to BABAA, contractors and subcontractors must sign and submit the following certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the non-federal entity) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver:

The undersigned certifies, to the best of their knowledge and belief, that:

The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.

The undersigned certifies that for the ____________________________________ that the iron, steel, (Project Name and location) manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including:

1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

“The [Contractor or Subcontractor], ____________________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31

U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.”

Signature of [Contractor’s or Subcontractor’s] Authorized Official

Name and Title of [Contractor’s or Subcontractor’s] Authorized Official

Date

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