BABA Applicability Notice (1).docx

NOTICE TO BIDDERS AND CONTRACTORS

Build America, Buy America Act (BABA) Applicability

Notice of BABA Applicability All prospective bidders and contractors are hereby notified that this Request for Qualifications (RFQ) package, and any resulting agreement or construction contract, is for services and work related to an infrastructure project that is subject to the requirements of the Build America, Buy America Act (BABA or BABAA), enacted on November 15, 2021, as part of Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 117–58.

BABA establishes a domestic content procurement preference, known as the Buy America Preference (BAP), which requires that all iron, steel, manufactured products, and construction materials used in this project be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M‑22‑11 (April 18, 2022) and Memorandum M‑24‑02, and HUD’s CPD Notice 25‑01. Absent an approved waiver, no federal funds may be obligated for this project unless steps are taken to ensure these covered materials are produced in the United States.

Covered Materials The Buy America Preference applies to the following categories of products incorporated into the project:

• Construction Materials – All manufacturing processes must occur in the United States (e.g., non-ferrous metals, lumber, composite building materials, plastic and polymer-based pipe/tube, glass, drywall). Cement and aggregates (stone, sand, gravel) are not covered.

Bidder and Contractor Requirements Bidder Representation By submitting a response to this RFQ, the bidder represents and acknowledges that it is familiar with all laws and regulations that may affect the cost, progress, and performance of the work, including all BABAA requirements applicable to this project.

Substitutions / “Or Equal” Requests Any request for a substitute or “or equal” product must include a Manufacturer’s Certification of compliance with the BABAA requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (Pub. L. 117–58).

Manufacturer’s Certification (Required Prior to Reimbursement) Prior to the drawdown of construction funds, the contractor must provide a signed Manufacturer’s Certification of Origin for each covered product delivered to the project site. At a minimum, each certification must include:

• Signature of a representative certifying knowledge of the manufacturing processes.

Waivers The BAP applies to this project unless a HUD general waiver, project-specific waiver (public interest, nonavailability, or unreasonable cost), or the de minimis exception (covered materials from foreign or unknown sources not exceeding 5% of total covered material cost, up to $1,000,000) has been approved. Any waiver request must be supported by appropriate market research and submitted in accordance with HUD and OMB procedures.

Incorporation Into the Contract All requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be amended, shall be complied with as applicable to this infrastructure project. Pursuant to HUD’s “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable effective dates are subject to BABA requirements unless excepted by a waiver. These provisions are incorporated by reference into the resulting contract.

Issued in accordance with the Build America, Buy America Act (Pub. L. 117–58, Title IX), OMB Memoranda M‑22‑11 and M‑24‑02, HUD CPD Notice 25‑01, and applicable Georgia DCA / CDBG program guidance.