9-American Iron and Steel (AIS) Requirement.pdf
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- Solicitation number
- 2027-20
- Issued by
- Multnomah County, Oregon
About this file
This is an American Iron and Steel (AIS) Requirement clause for a Water Infrastructure Finance and Innovation Act (WIFIA) program contract related to the Cascade Wells 6A and 6B Well Chlorination project in Gresham, Oregon. The clause establishes that all iron and steel products used in the project must be produced in the United States, as mandated by the EPA's statutory requirements for WIFIA-funded projects. The contractor is required to acknowledge understanding of this requirement, confirm that all iron and steel products comply with American production standards, and provide verified information and certifications as requested by the Purchaser or EPA. The clause permits waivers of the requirement only upon approval by the EPA.
The contractor assumes liability for any non-compliance with the AIS Requirement, and the Purchaser or EPA may recover all losses, expenses, and costs—including attorney's fees—resulting from failure to meet this obligation, as well as any impairment or loss of EPA funding. Although the contractor has no direct contractual privity with the EPA, both parties acknowledge that the EPA is a third-party beneficiary of this provision and that any amendment or waiver requires prior written consent from the EPA. This requirement applies specifically to the goods and services provided by the contractor under this WIFIA-funded agreement.
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Text version
CONTRACT NO._____________________ WIFIA Project Bid Book (REV. 3/22)
PROJECT: CASCADE WELLS 6A AND 6B WELL CHLORINATION PAGE: 29
(D) AMERICAN IRON AND STEEL (AIS) REQUIREMENT
The Contractor acknowledges to and for the benefit of _________ (“Purchaser”) and the United States Environmental Protection Agency (“EPA”) that it understands the goods and services under this Agreement are being funded with monies made available by the Water Infrastructure Finance and Innovation Act program of the EPA that has statutory requirements commonly known as “American Iron and Steel” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents, warrants and covenants to and for the benefit of the Purchaser and the EPA that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the EPA.
Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or the EPA to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or the EPA resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the EPA or any damages owed to the EPA by the Purchaser). While the Contractor has no direct contractual privity with the EPA, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the EPA is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the EPA.
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