Attachment 6 Buy America Certification - Fillable Form.pdf

MCGHEE TYSON AIRPORT TERMINAL APRON EXPANSION

ALCOA, TENNESSEE ISSUED FOR BID – SEPTEMBER 30, 2022

BUY AMERICA CERTIFICATION BF-35

Buy America Certification (Title 49 U.S.C. Section 50101)

PROJECT NAME: Metropolitan Knoxville Airport Authority Terminal Apron Expansion

AIRPORT NAME: McGhee Tyson Airport

AIP/BIL NUMBER: 3-47-0037-82-2022 / 3-47-0037-01-2022

This solicitation and any resulting contract are subject to the Buy America requirements of 49 U.S.C. Section 50101. The bidder certifies it and all associated subcontractors will comply with the Buy American preferences established under Title 49 U.S.C. Section 50101 as follows:

U.S.C. Section 50101 - Buying goods produced in the United States

(a) Preference. - The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States.

(b) Waiver. - The Secretary may waive subsection (a) of this section if the Secretary finds that -

(1) Applying subsection (a) would be inconsistent with the public interest;

(2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;

(3) When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title -

A. The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and

B. Final assembly of the facility or equipment has occurred in the United States; or

(4) Including domestic material will increase the cost of the overall project by more than 25 percent.

(c) Labor Costs. - In this section, labor costs involved in final assembly are not included in calculating the cost of components.

Please note that approval of waivers listed under (b) (1) & (2) above, can only be approved by the FAA Office of Airports in Washington DC and approval is rare. Waivers listed under (b) (3) & (4) may be approved by FAA Regional or District Offices. A listing of Equipment and Products that have been approved and on the national waiver list may be located at:

http://www.faa.gov/airports/aip/procurement/federal_contract_provisions/media/buy_american_waiver.xls

As a matter of bid responsiveness, the bidder or offeror must complete and submit this certification with their bid proposal.

The bidder must sign and date the certification. The bidder/offeror must indicate how they propose to comply with the Buy America provision by selecting one of the following certification statements.

The bidder hereby certifies that it will comply with Title 49 U.S.C Section 50101(a) by only installing steel and manufactured products produced in the United States of America. The bidder further agrees that if chosen as the apparent low bid, it will submit documentation to the owner that demonstrate all steel and manufactured products are 100% manufactured in the United States.

The bidder hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.C Section 50101(a); the bidder therefore requests a waiver per Title 49 U.S.C Section 50101(b).

The bidder further agrees that upon notification from the Owner, the bidder identified with the apparent low bid agrees to prepare and submit a waiver request and component calculation information to the owner within calendar days of the date of the notice of apparent low bid.

Bidder’s Firm Name Date

Signature

Kalousek, John Rectangle

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Text Box Attachment No. 6

MCGHEE TYSON AIRPORT TERMINAL APRON EXPANSION

ALCOA, TENNESSEE ISSUED FOR BID – SEPTEMBER 30, 2022

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