BABA_Amendment_Contract__CTR055334_MD_Merrett_executed_12-20-22.pdf

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Attached to
Master Agreement AZ|CTR055334
Contract number
CTR055334
Issued by
Arizona

About this file

This document is a Contract Amendment issued by the Arizona Game and Fish Department's Purchasing Office, located in Phoenix, Arizona. The amendment involves Contract Number CTR055334 between the Arizona Game and Fish Department and the contractor MD Merrett, based in Carefree, Arizona.

The amendment adds a new "BABA Clause" (Buy America Provision) to the existing contract, which requires the use of American iron, steel, manufactured products, and construction materials for infrastructure projects. Specifically, this clause mandates that all iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects must be produced in the United States, with detailed requirements including: (1) all manufacturing processes occurring in the US, (2) manufactured products having over 55% domestic component cost, and (3) construction materials being manufactured entirely in the United States. The provision stems from Section 70914 of the Infrastructure Investment and Jobs Act and applies to projects on or after May 14, 2022, with some exceptions for tools, equipment, and movable furnishings.

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CONTRACT AMENDMENT

Arizona Game and Fish Department

Purchasing Office

Contract Number: CTR055334

5000 West Carefree Highway

Phoenix, AZ 85086

Buyer: Elizabeth Burgard

1. In Accordance with the Uniform Terms and Conditions, Contract Changes, the following clause is to be added to your contract as SPECIAL TERMS AND CONDITIONS, Paragraph 66:

66. BABA CLAUSE:

Buy America Provision: Required Use of American Iron, Steel, Manufactured Products, and Construction

Materials for Infrastructure.

As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after

May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program. None of the funds provided under this award may be used for a project for infrastructure unless:

66.1 All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United

States,

66.2 All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than

55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and

66.3 All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

The requirements of this section may not apply if a general applicability waiver is in effect. The

Subrecipient may not request any other waiver specific to this project without the express written authorization from the Department. The Department may within its sole discretion withhold authorization.

2. All other provisions of the contract shall remain in their entirety.

NOTHING FURTHER

CONTRACT AMENDMENT

Arizona Game and Fish Department

Purchasing Office

Contract Number: CTR055334

5000 West Carefree Highway

Phoenix, AZ 85086

Buyer: Elizabeth Burgard

CONTRACTOR:

MD Merrett

P.O. Box 3804, Carefree, AZ 85377 mdmerrett@aol.com

AMENDMENT AUTHORITY:

Vendor hereby acknowledges receipt and acceptance of above amendment and that signed copy must be filed with the Purchasing

Office before effective date.

Vendor Signature Elizabeth Burgard

Printed Name: Sr. Procurement Officer

Printed Title:

Date Date

December 20, 2022

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