BABA 106-9 Special.docx

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:

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