BABA 106-9 Special.docx
DOCX document 18 KB Posted
- Attached to
- Epoxy Paint Striping Havre Area
- Solicitation number
- MDT-315184-RP
- Issued by
- Montana
About this file
This document is a Build America, Buy America (BABA) regulatory specification issued by the Montana Department of Transportation (MDT) for construction materials procurement. The specification mandates that construction materials must be manufactured in the United States, with manufacturing processes occurring domestically, and applies to non-ferrous metals, plastic and polymer-based products, glass, lumber, and drywall. Contractors are required to submit Form MDT-MAT-407 "Manufacturer's Certificate of Compliance" for every construction material identified in the Department's Materials Manual Section MT 601, and materials cannot be incorporated into projects until all required documentation is reviewed and approved.
The specification outlines strict compliance requirements, with potential consequences for insufficient documentation, including removal and replacement of materials at the contractor's expense. MDT recognizes that some materials may not fit precise classifications and allows contractors to submit documentation for review at least 10 business days before installation, with final determinations made by MDT in conjunction with the Federal Highway Administration (FHWA). The document provides a web link for accessing the required compliance form and details exemptions for certain manufactured products, temporary construction equipment, and non-affixed project furnishings.
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| File | Type | Posted |
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| 1135230-event.pdf | ||
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| Havre Area Epoxy Paint Striping Specifications.docx | DOCX document | |
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Text version
BUILD AMERICA, BUY AMERICA
BUILD AMERICA, BUY AMERICA (baba) [106] (ADDED 12-08-22) Furnish construction materials manufactured in the United States. Manufacturing processes for the construction material must occur in the United States. Manufacturing processes are defined as the final manufacturing process and the process immediately preceding the final manufacturing process. Construction materials include articles, materials, or supplies that are or consist primarily of:
| • | Non-ferrous metals. |
| • | Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables). |
| • | Glass. |
| • | Lumber, and |
| • | Drywall. |
Construction materials exclude cement and cementitious materials, aggregates including stone, sand, or gravel, or aggregate binding agents (e.g., asphalt binder) or additives (e.g., polymer modifiers and admixtures).
Treat items that consist of two or more construction materials that have been combined through a manufacturing process, and items that include at least one construction material combined with a material that is not listed through a manufacturing process, as manufactured products. Manufactured products that do not contain steel or iron are exempt until further notice.
Buy America preference applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to a project. It does not apply to tools, equipment, and supplies brought to the construction site and removed at or before the completion of the project (e.g., temporary aluminum scaffolding). Buy America preference does not apply to equipment and furnishings that are used at or within the finished infrastructure project but are not permanently affixed to the structure (e.g., movable chairs, desks, or computer equipment used at or within the project but are not integral or permanently affixed to a structure).
Submit Form MDT-MAT-407 “Manufacturer’s Certificate of Compliance” for every material identified as a construction material in the Department’s Materials Manual Section MT 601 furnished to the project. Do not incorporate construction materials into the project until all required documentation is submitted to the Department. Ensure that suppliers and manufacturers understand the BABA and contract requirements to supply the required documentation.
The Department will not accept items installed until all supporting documentation has been reviewed and is found to be in accordance with the contract requirements. Insufficient or unavailable documentation or documentation showing products to contain construction materials of foreign origin are grounds for removal and replacement at the contractor’s expense.
The Department has designated which materials are considered “construction materials” and will be required to meet the new BABA regulations by their respective 9-digit material codes in section MT 601 of the Montana Materials Manual. However, the Department recognizes there will be situations where a product or material may not fit the designation indicated in section MT 601. In these cases, submit documentation demonstrating or justifying the supplier or manufacturer’s position their specific item has been misclassified to the Project Manager at least 10 business days in advance of installation. The Department, in conjunction with FHWA, will review the submitted documentation and make a determination as to how that specific product or material will be classified. These determinations will be final and will require the appropriate necessary documentation as defined above.
Form MDT-MAT-407 is available at the following web page:
https://www.mdt.mt.gov/publications/forms/const_forms.shtml
File details come from the government source that posted it. Updated .