ADCNR_BABA_Requirement.pdf

BABA Supplement to General Conditions of the Contract

ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES (ADCNR)

SUPPLEMENT TO GENERAL CONDITIONS OF THE CONTRACT: General Conditions of the Contract

DOMESTIC PROCUREMENT REQUIREMENTS FOR INFRASTRUCTURE PROJECTS THAT ARE FUNDED IN WHOLE OR

IN PART BY FEDERAL FUNDS UNDER BUILD AMERICA BUY AMERICA

As required by Section 70914 of the Infrastructure Investment and Jobs Act (BUILD AMERICA BUY AMERICA ACT Pub. L. 117-58) and related statutes and regulations, on or after May 14, 2022, the funds under a federal award for infrastructure projects must not be obligated unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. If any part of the project is funded by a federal award, then the entire project must meet the Build America, Buy America provisions. This requirement is hereby expressly and formally incorporated into ADCNR’s General Conditions of the Contract and into all ADCNR subawards under this program, including all contracts and purchase orders for work or products.

I. REQUIRED USE.

A. Steel and Iron Products:

All iron and steel used in the project must be produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, must have occurred in the United States. This includes the processes of epoxy coating, galvanizing, painting, or applying any other coating that protects or enhances the value of the coated material and that are permanently incorporated into the completed project. The Contractor shall provide certification that the steel/iron is domestically produced.

B. Manufactured Projects:

All manufactured products used in the projects must be produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent 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. The Contractor shall provide certification that the construction materials defined under BABA are domestically produced.

C. Construction Materials:

All construction materials used in the project must be manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. This includes the components of the manufactured product, which must also be mined, produced, or manufactured in the United States.

II. BIDDER/OFFEROR AND CONTRACTOR OBLIGATIONS.

A. Required Certifications:

At the outset, the Bidder or Offeror must submit a certification of assurance of compliance with BABA, attached hereto as Exhibit A. After work is completed on the project, the Contractor must submit an additional certification to ADCNR with the following information, also reflected in Exhibit B:

https://www.alapark.com/sites/default/files/2023-02/ASPD%20Form%202-B%20%28General%20Conditions%20of%20the%20Contract%29.pdf https://www.govinfo.gov/content/pkg/PLAW-117publ58/pdf/PLAW-117publ58.pdf https://www.govinfo.gov/content/pkg/PLAW-117publ58/pdf/PLAW-117publ58.pdf

"I hereby certify that all construction materials furnished to the Alabama Department of Conservation and Natural Resources for the construction of the above referenced project that are required to be compliant with the Build America Buy America Act have been produced in the United States of America as defined by §70912 “Definitions” of the Infrastructure and Investment Jobs Act (IIJA) (Public Law 117-58 - Nov. 15, 2021). I further certify that all supporting documentation is on file and will be maintained for a period of five (5) years after project completion."

B. Assumption of Risk:

The Contractor assumes the risk of including any foreign materials that are not exempt from this requirement, including iron or steel. ADCNR may request to review the Contractor's supporting documentation to verify compliance with BABA at any time. The Contractor shall provide the supporting documentation within five (5) business days of the request. The burden of proof to meet the BABA provisions rests on the Contractor. If the supporting documentation does not undeniably demonstrate to ADCNR that the iron or steel, manufactured products, or construction materials identified in the Certificates of Compliance were produced in the United States of America, then such iron, steel, manufactured products or construction materials may be considered unacceptable and must be replaced by the Contractor at no cost to ADCNR. The Contractor shall not anticipate that any BABA preference provisions will be waived.

C. Removal Due to Non-Compliance:

The Contractor has the obligation to remove and replace non-BABA compliant material unless a waiver is granted for the use. No claims for contract adjustment (additional time, money, or both) will be made because of the non-compliant material. The Contractor shall provide certification that all materials defined under BABA are domestically produced.

More information on BABA requirements may be found here: BABA - Federal Financial Assistance.

More information on BABA requirements for projects funded directly under the DOI may be found here:

USFWS Award Terms and Conditions May 14, 2022 and “Buy America” Domestic Sourcing Guidance and Waiver Process for DOI Financial Assistance Agreements | U.S. Department of the Interior.

https://www.whitehouse.gov/omb/management/made-in-america/build-america-buy-america-act-federal-financial-assistance/ https://www.fws.gov/sites/default/files/documents/fws-financial-assistance-award-terms-conditions-2022-05-14.pdf https://www.doi.gov/grants/BuyAmerica https://www.doi.gov/grants/BuyAmerica

Attachment A

BUILD AMERICA BUY AMERICA CERTIFICATION

Procurement of Steel, Iron, or Manufactured Products, and Construction Materials

Instructions: BIDDER or OFFEROR shall complete the Buy America Certification below. BIDDER or OFFEROR shall certify that it will either comply or that it cannot comply with requirements (only sign one, not both). This Certification MUST BE submitted with the Bidder’s or Offeror’s response.

PROJECT: ___________________________________________________________________________

Certificate of Compliance with Buy America Requirements

The BIDDER or OFFEROR certifies that it will comply with the requirements of ADCNR’s Supplement to General Conditions of the Contract, Public Law 117-58, and related statutes and regulations:

Date____________________________________________________________________

Signature________________________________________________________________

Company________________________________________________________________

Name___________________________________________________________________

Title____________________________________________________________________

Certificate of Non-Compliance with Buy America Requirements

The BIDDER or OFFEROR certifies that it cannot comply with the requirements ADCNR’s Supplement to General Conditions of the Contract, Public Law 117-58, and related statutes and regulations:

Date___________________________________________________________________

Signature_______________________________________________________________

Company_______________________________________________________________

Name__________________________________________________________________

Title___________________________________________________________________

Attachment B

BUILD AMERICA BUY AMERICA CERTIFICATION

Procurement of Steel, Iron, or Manufactured Products, and Construction Materials

Instructions: CONTRACTOR shall complete the Buy America Certification below.

PROJECT: ___________________________________________________________________________

I hereby certify that all construction materials furnished to the Alabama Department of Conservation and Natural Resources for the construction of the above referenced project that are required to be compliant with the Build America Buy America Act have been produced in the United States of America as defined by §70912 “Definitions” of the Infrastructure and Investment Jobs Act (IIJA) (Public Law 117-58 - Nov. 15, 2021). I further certify that all supporting documentation is on file and will be maintained for a period of five (5) years after project completion.

I fully acknowledge that I have the obligation to remove and replace non-BABA compliant material unless a waiver is granted for the use. I further acknowledge that no claims for contract adjustment (additional time, money, or both) will be made because of the non-compliant material. It is my obligation to provide certification that all materials defined under BABA are domestically produced.

Date____________________________________________________________________

Signature________________________________________________________________

Company________________________________________________________________

Name___________________________________________________________________

Title____________________________________________________________________

MONTGOMERY, ALABAMA 36130