Appendix E.5 - Buy America Form 5-15-24.pdf
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- Solicitation number
- 37-24-023
- Issued by
- Wayne County, Dansville Village, Michigan
About this file
The document is an American Iron and Steel (AIS) Contract Language appendix from the Michigan Department of Environmental Quality, specifically Appendix E.5 - Buy American Contract Language. This contract language is designed to ensure that all iron and steel products used in projects funded by the State Revolving Fund and/or Drinking Water Revolving Fund are produced within the United States, supporting domestic manufacturing requirements.
The contract language requires contractors to verify and warrant that all iron and steel used in the project will be produced in the United States in compliance with AIS Requirements. Contractors must provide verified information and certifications of compliance, and they can be held financially responsible for any losses, expenses, or costs incurred by the Purchaser or State due to non-compliance. The document emphasizes that while the contractor may not have direct contractual relationship with the State, the State is considered a third-party beneficiary and must provide written consent for any amendments or waivers to the AIS provisions.
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Text version
American Iron and Steel Contract Language
The Contractor acknowledges to and for the benefit of the city of _____________ (“Purchaser”) and the Michigan Department of Environmental Quality (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the State Revolving Fund and/or the Drinking Water Revolving Fund and such law contains provisions commonly known as “American Iron and Steel (AIS);”
that requires all iron and steel products used in the project be produced in the United States (“AIS Requirements”) including iron and steel provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the AIS Requirements, (b) all iron and steel used in the project will be and/or have been produced in the United States in a manner that complies with the AIS Requirements, unless a waiver of the requirements is approved or the State made the determination in writing that the AIS Requirements do not apply to the project, 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 AIS requirements, as may be requested by the Purchaser. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State 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 State.
Appendix E.5 - Buy American Contract Language
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