16-Certifications for Buy American and Tax-Felony Convictions - final (03-04-26).pdf

Certifications for Buy American and Tax and Felony Convictions (rev. 02/09/26) Page 1 of 4

Certification of Compliance with FAA Buy American Preference

As a matter of bid responsiveness, Vendor must complete, sign, date, and submit this certification statement with its proposal. Vendor must indicate how it intends to comply with 49 U.S.C. § 50101, BABA, and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Vendor must check only one box below.

☐ Vendor hereby certifies that it will comply with 49 U.S.C. § 50101, BABA, and other related U.S.

statutes, guidance, and policies of the FAA by:

a) Only installing iron, steel, and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or

d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, Vendor agrees:

a) To provide County or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product.

b) To faithfully comply with providing U.S. domestic products.

c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

d) For construction projects: To certify that all construction materials used in the project are manufactured in the U.S.

e) For equipment/building projects: To furnish U.S. domestic product for any waiver request that the FAA rejects.

☐ Vendor hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 U.S.C. § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 U.S.C. § 50101(b). By selecting this certification statement, Vendor agrees, if awarded this solicitation:

a) To submit to County or FAA, within 15 calendar days after being selected for award of this solicitation, a formal waiver request and required documentation that supports the type of waiver being requested.

b) That failure to submit the required documentation within the specified timeframe may result in rejection of the proposal, rescission of the award, or termination by County for cause.

Certifications for Buy American and Tax and Felony Convictions (rev. 02/09/26) Page 2 of 4

c) To faithfully comply with providing U.S. domestic products at or above the approved U.S.

domestic content percentage as approved by the FAA.

d) To furnish U.S. domestic product for any waiver request that the FAA rejects.

e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Waiver Documentation

Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods, or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States.

The required documentation for the Nonavailability waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including: a description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, and the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver - The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the item or facility/project. The required documentation for a Type 3 waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including:

o Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety).

o Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.

o Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent.

The required documentation for this waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire;

b) At minimum of two comparable equal bids and/or offers;

c) Receipt or record that demonstrates that supplier scouting, as called for in Executive Order

14005, indicates that no domestic source exists for the project and/or component;

d) Completed waiver applications for each comparable bid and/or offer.

Certifications for Buy American and Tax and Felony Convictions (rev. 02/09/26) Page 3 of 4

False Statements: Per 49 U.S.C. § 47126, this Certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature

Company Name Title

Certifications for Buy American and Tax and Felony Convictions (rev. 02/09/26) Page 4 of 4

Tax Delinquency and Felony Convictions

Vendor must complete the following two certification statements. Vendor must indicate its current status as it relates to tax delinquency and felony conviction by checking the box in the space following the applicable response. Vendor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

1) Vendor represents that [check applicable box:] it is ☐ is not ☐ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2) Vendor represents that [check applicable box:] it is ☐ is not ☐ a corporaton that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Date Signature

Company Name Title