SPECIAL CONDITIONS

BUILD AMERICA, BUY AMERICA (BABA) REQUIREMENTS

(Infrastructure Investment and Jobs Act)

1. Federal Funding and Applicability

This project is funded in whole or in part with federal financial assistance provided by the U.S.

Department of Housing and Urban Development (HUD) through the Community Development

Block Grant (CDBG) Program. Accordingly, this procurement and any resulting contract are subject to the Build America, Buy America (BABA) provisions of the Infrastructure

Investment and Jobs Act (Public Law 117-58) and implementing regulations at 2 C.F.R. Part

184.

These requirements apply to all contracts, subcontracts, purchase orders, and lower-tier agreements for the construction, alteration, maintenance, or repair of infrastructure.

2. Domestic Content Requirement

Unless a waiver has been issued or approved by HUD, the Contractor shall ensure that all iron, steel, manufactured products, and construction materials permanently incorporated into the project are produced in the United States, as defined below:

a. Iron and Steel Products

All manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States.

b. Manufactured Products

Manufactured products must be manufactured in the United States, and the cost of components produced in the United States must exceed fifty-five percent (55%) of the total cost of all components.

c. Construction Materials

Construction materials, including but not limited to non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable, lumber, drywall, and engineered wood products, must be manufactured in the United States.

3. Bidder Certification and Responsiveness

By submission of a bid, the bidder certifies that it has reviewed and understands the BABA requirements and agrees to comply fully with all applicable domestic content provisions.

Failure to acknowledge or comply with these requirements may render the bid non-responsive in accordance with the Virginia Public Procurement Act and the terms of this Invitation to Bid.

4. Documentation and Verification

The successful bidder shall be required to submit, upon request and prior to payment, certifications, affidavits, or other documentation sufficient to demonstrate compliance with

BABA requirements for all covered materials used in the project.

The Owner reserves the right to:

• Review material certifications,

• Conduct site inspections,

• Require corrective action, or

• Withhold payment for non-compliant materials.

5. Waivers

The use of foreign-produced iron, steel, manufactured products, or construction materials is prohibited unless:

• A general applicability waiver has been issued by HUD, or

• A project-specific waiver has been approved by HUD based on public interest, non-availability, or unreasonable cost.

The Contractor shall not substitute or install non-compliant materials without prior written approval from the Owner and HUD, where applicable. The Contractor bears all risk associated with unapproved substitutions.

6. Flow-Down Requirement

The Contractor shall include the substance of this provision in all subcontracts and purchase orders, regardless of tier, and shall be responsible for ensuring compliance by subcontractors and suppliers.

7. Remedies for Non-Compliance

Non-compliance with BABA requirements shall constitute a material breach of contract and may result in one or more of the following remedies, consistent with Virginia law and federal regulations:

• Rejection of materials,

• Withholding of progress payments,

• Disallowance of costs,

• Termination for default, or

• Any other remedy available under the contract or applicable law.

BUILD AMERICA, BUY AMERICA (BABA) COMPLIANCE AFFIDAVIT

Project Name: ___________________________________________

Project Number (if applicable): __________________________

Owner / Locality: _______________________________________

Funding Source: HUD Community Development Block Grant (CDBG)

AFFIDAVIT

I, the undersigned, being duly sworn, depose and say as follows:

1. Authority

I am an authorized officer or agent of the bidder/contractor listed below and am duly authorized to execute this affidavit on behalf of the firm.

2. Acknowledgment of Federal Requirements

I acknowledge that the above-referenced project is funded in whole or in part with federal financial assistance provided by the U.S. Department of Housing and Urban

Development (HUD) and is subject to the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (Public Law 117-58) and implementing regulations at 2 C.F.R. Part 184.

3. Certification of Compliance

I hereby certify that all iron, steel, manufactured products, and construction materials that will be permanently incorporated into the project shall be produced in the

United States, unless a waiver has been issued or approved by HUD.

4. Material Standards

Specifically, I certify that:

o All iron and steel products will be 100 percent produced in the United States, including all manufacturing processes from initial melting through final coating.

o All manufactured products will be manufactured in the United States, and the cost of U.S.-produced components will exceed 55 percent of the total cost of all components.

o All construction materials, as defined by federal regulation, will be manufactured in the United States.

5. Waivers

I understand that foreign-produced materials may only be used if:

o A general applicability waiver has been issued by HUD; or o A project-specific waiver has been approved by HUD in writing.

I further acknowledge that no non-compliant materials may be installed without prior written approval from the Owner and HUD, where required.

6. Documentation and Recordkeeping

I agree to maintain and provide, upon request, all documentation necessary to verify compliance with BABA requirements, including manufacturer certifications, supplier affidavits, and cost documentation.

7. Flow-Down Requirement

I certify that all subcontractors, suppliers, and vendors will be required to comply with

BABA requirements and that such requirements will be included in all subcontracts and purchase orders.

8. Acknowledgment of Remedies

I understand that failure to comply with BABA requirements may result in rejection of materials, withholding of payment, disallowance of costs, termination for default, or other remedies available under federal law, the contract, and the Virginia Public

Procurement Act.

CONTRACTOR INFORMATION

Legal Name of Firm: _____________________________________

Address: ______________________________________________

City, State, ZIP: ______________________________________

Telephone: ____________________________________________

Email: ________________________________________________

SIGNATURE

I declare under penalty of perjury that the foregoing is true and correct.

Signature: _____________________________________________

Printed Name: _________________________________________

Title: ________________________________________________

Date: _________________________________________________

COMMONWEALTH OF VIRGINIA

CITY / COUNTY OF _______________________

Subscribed and sworn before me this _____ day of __________, 20.

Notary Public: _________________________________________

My Commission Expires: _________________________________

Notary Registration No.: _______________________________