Attachment 2 Domestic Products Procurement Act (Buy American) Preference.docx

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Attached to
Chemical Products Qualified Vendor List - Additional Vendors
Solicitation number
300000278464683
Issued by
Missouri

About this file

This is a Domestic Products Procurement Act (Buy American) Preference certification document for the State of Missouri. The attachment provides vendors with instructions for certifying the manufacturing origin of products proposed in response to state and local contract opportunities governed by Missouri Revised Statutes sections 34.350-34.359. Vendors must disclose the point of manufacture for finished products and certify their eligibility for the Buy American preference by completing applicable certification tables. Products qualify for the preference if manufactured or produced in the United States, imported under an existing international trade treaty that affords them equivalent status to U.S.-manufactured products, or if only one U.S. manufacturer produces the particular product line.

Vendors must complete one of six certification tables based on their product offerings. Table 1 applies when all proposed products are U.S.-manufactured; Table 2 applies when all proposed products are foreign-manufactured and ineligible for preference; and Tables 3-6 provide item-by-item certification for mixed offerings, requiring vendors to identify the U.S. city and state of manufacture for domestic products, the country of origin for foreign products ineligible for preference, applicable trade treaties or regulations for qualifying foreign products, or the sole U.S. manufacturer name for products meeting that exception criterion. Vendors must sign and certify under penalty of class A misdemeanor that all information provided is accurate and in compliance with Missouri law. Misrepresentation of manufacturing origin constitutes a criminal offense.

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STATE0000000270SL Page 2

ATTACHMENT 2

DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN) PREFERENCE

In accordance with sections 34.350-34.359, RSMo, the vendor is instructed to provide information regarding the point of manufacture for each of the products being proposed so that the product’s eligibility for the Domestic Products Procurement Act (Buy American) Preference can be determined. This information is requested for the finished product only, not for components of the finished product. The vendor may be required to provide supporting documentation indicating proof of compliance.

Qualifying for the Domestic Products Preference:

A product qualifies for the preference if one of the following circumstances exist:

· if manufactured or produced in the U.S.; or

· if the product is imported into the U.S. but is covered by an existing international trade treaty, law, agreement, or regulation that affords the specific product the same status as a product manufactured or produced in the U.S.; or

· if only one line of products is manufactured or produced in the U.S.

Non-Domestic Product:

If the product is not manufactured or produced in the U.S. and does not otherwise qualify as domestic, then it will be considered non-domestic and not eligible for the preference.

THE VENDOR MUST COMPLETE THE FOLLOWING APPLICABLE TABLES TO CERTIFY WHETHER:

(Table 1)ALL products proposed are manufactured or produced in the U.S. and qualify for the Domestic Products Procurement Act Preference; OR
(Table 2)ALL products proposed are manufactured or produced outside the U.S. and do not otherwise qualify for the Domestic Products Procurement Act Preference; OR
(Tables 3-6)Not all products proposed fall into the prior two categories so an item-by-item certification is necessary.

The vendor is responsible for certifying the information provided on the exhibit is accurate by signing where indicated at the end of the exhibit.

TABLE 1 – ALL PRODUCTS MANUFACTURED OR PRODUCED IN U.S. (eligible for preference) Check the box to the right if ALL products proposed are MANUFACTURED OR PRODUCED IN THE U.S.:

TABLE 2 – ALL PRODUCTS MANUFACTURED OR PRODUCED OUTSIDE U.S. AND DON’T QUALIFY FOR PREFERENCE (ineligible for preference) Check the box to the right if ALL products proposed are MANUFACTURED OR PRODUCED OUTSIDE THE U.S. and DO NOT OTHERWISE QUALIFY for the Domestic Products Procurement Act Preference:

TABLES 3 THROUGH 6 – ITEM BY ITEM CERTIFICATION (NOT ALL PRODUCTS PROPOSED FALL INTO PRIOR TWO TABLES)

· For those line items for which a U.S.-manufactured or produced product is proposed, complete Table 3.

· For those line items which are manufactured or produced outside the U.S. that do not qualify for the Domestic Products Procurement Act Preference, complete Table 4.

· For those line items which are not manufactured or produced in the U.S., but for which there is a U.S. trade treaty, law, agreement, or regulation in compliance with section 34.359, RSMo, complete Table 5.

· For those line items which are not manufactured or produced in the U.S., but for which there is only one U.S. Manufacturer of that product or line of products, complete Table 6.

TABLE 3 – U.S.-MANUFACTURED OR PRODUCED PRODUCTS (Eligible for Preference)

· List item numbers of products proposed that are U.S.-manufactured or produced and therefore qualify for the Domestic Products Procurement Act Preference.

· List U.S. city and state where products proposed are manufactured or produced.

Item #
U.S. City/State Where Manufactured/Produced
Item #
U.S. City/State Where Manufactured/Produced

TABLE 4 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS (Not Eligible for Preference)

· List item numbers of products proposed that are foreign manufactured or produced and do not otherwise qualify for the Domestic Products Procurement Act Preference.

· List country where product proposed is manufactured or produced.

Item #
Country Where Manufactured/Produced
Item #
Country Where Manufactured/Produced

(Exhibit continues on next page) Attachment 2 continued: DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN) PREFERENCE TABLE 5 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS BUT U.S. TRADE TREATY, LAW, AGREEMENT, OR REGULATION APPLIES (Eligible for Preference)

· List item numbers of products proposed that are foreign manufactured or produced but qualify for the Domestic Products Procurement Act Preference because a U.S. Trade Treaty, Law, Agreement, or Regulation applies.

· Identify country where proposed foreign-made product is manufactured or produced.

· Identify name of applicable U.S. Trade Treaty, Law, Agreement, or Regulation that allows product to be brought into the U.S. duty/tariff-free.

· Identify website URL for the U.S. Trade Treaty, Law, Agreement, or Regulation.

· NOTE: As an imported product, if an import tariff is applied to the item, it does not qualify for the preference. In addition, “Most Favored Nation” status does not allow application of the preference unless the product enters the U.S. duty/tariff-free.

Item #
Country Where Proposed Foreign-Made Product is Manufactured/Produced
Name of Applicable U.S. Trade Treaty, Law, Agreement, or Regulation
Official Website URL for the U.S. Treaty, Law, Agreement, or Regulation

TABLE 6 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS BUT ONLY ONE US MANUFACTURER PRODUCES PRODUCT OR LINE OF PARTICULAR GOOD (Eligible for Preference)

· List item numbers of products proposed that are foreign manufactured or produced but qualify for the Domestic Products Procurement Act Preference because only one US Manufacturer produces the product or line of a particular good.

· Identify country where proposed foreign-made product is manufactured or produced.

· Identify sole US manufacturer name.

· Identify name of sole US manufactured product/line of particular good.

Item #
Country Where Proposed Foreign-Made Product is Manufactured/Produced
Sole US Manufacturer Name
Name of Sole US Manufactured Product or Line of Particular Good

The vendor is responsible for certifying the information provided on this exhibit is accurate by signing below:

I hereby certify that the information provided herein is true and correct, and complies with all provisions of sections 34.350 to 34.359, RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor.

SIGNATURE (If submitting solicitation electronically, scanned or typed signature is acceptable)

COMPANY NAME

MO 300-1102N (1-16)

File details come from the government source that posted it. Updated .