22-Attachment DD - Texas Water Development Board Build America, Buy America Act Guidance.pdf

This is a guidance document issued by the Texas Water Development Board (TWDB) regarding compliance with the Build America, Buy America (BABA) Act requirements for projects funded through TWDB programs. The document serves as a resource for Harris County Flood Control District and other entities undertaking state and federally-funded water infrastructure projects, including the South Mayde Creek Bypass Channel and Stormwater Detention Basin project. The guidance establishes mandatory procurement and manufacturing requirements that apply to iron, steel, manufactured products, and construction materials used in BABA-funded projects, with specific emphasis on domestic sourcing and production standards.

The BABA guidance requires that all iron and steel products, as well as manufactured products, must be produced in the United States, with domestic content requirements becoming progressively more stringent through 2029. The document outlines the process for obtaining waivers when domestic products are unavailable or cost-prohibitive, establishes documentation and certification procedures for compliance verification, and specifies the consequences of non-compliance, including potential disqualification of bids and project funding suspension. Contractors and design professionals must incorporate BABA compliance language into contracts, conduct due diligence on supply chains and manufacturers, maintain records demonstrating domestic sourcing, and provide certifications of compliance. The guidance applies to all projects receiving funding from TWDB and other federal sources administered through state programs, making it a critical compliance document for the South Mayde Creek project's procurement and contract management phases.