BABA_Certification.pdf

PDF 33 KB Posted

Attached to
Contract for Bridges, Docks, and Boat Ramps: 2nd Advertisement
Solicitation number
PD 23-24.109-1
Issued by
Escambia County, Florida

About this file

The document is a federal regulation from the Code of Federal Regulations (CFR), specifically 49 CFR 661.6, issued by the Federal Transit Administration (FTA) under the Department of Transportation, detailing Buy America Requirements for procurement of steel or manufactured products. The regulation provides two certification forms for bidders or offerors: a Certificate of Compliance with Buy America Requirements and a Certificate of Non-Compliance with Buy America Requirements, which are mandatory when procuring steel, iron, or manufactured products for federally funded transportation projects.

The certification forms require bidders to declare their ability to meet the Buy America Requirements under 49 U.S.C. 5323(j)(1), which mandates that steel, iron, and manufactured products used in FTA-funded projects must be produced in the United States. The document allows for two potential paths: full compliance with domestic production requirements or a potential exception qualification under 49 U.S.C. 5323(j)(2). Each certification must be signed and dated by an authorized representative of the bidding company, indicating their commitment to or explanation of their manufacturing sourcing for the proposed project.

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Title 49 —Transportation Subtitle B —Other Regulations Relating to Transportation Chapter VI —Federal Transit Administration, Department of Transportation Part 661 —Buy America Requirements

Authority: 49 U.S.C. 5323(j) (formerly sec. 165 of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424); as amended by sec. 337, Pub. L. 100-17; sec. 1048, Pub. L. 102-240; sec. 3020(b), Pub. L. 105-178; and sec. 3023(i) and (k), Pub. L. 109-59); 49 CFR 1.51.

Source: 56 FR 932, Jan. 9, 1991, unless otherwise noted.

§ 661.6 Certification requirements for procurement of steel or manufactured products.

If steel, iron, or manufactured products (as defined in §§ 661.3 and 661.5 of this part) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder or offeror in accordance with the requirement contained in § 661.13(b) of this part.

Certificate of Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Date

Signature

Company

Name

Title

Certificate of Non-Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.

Date

Signature

Company

Name

This content is from the eCFR and is authoritative but unofficial.

49 CFR 661.6 (up to date as of 7/09/2024) Certification requirements for procurement of steel or manufactured... 49 CFR 661.6 (July 9, 2024)

49 CFR 661.6 (enhanced display) page 1 of 2 https://www.govinfo.gov/link/uscode/49/5323 https://www.govinfo.gov/link/plaw/105/public/178 https://www.govinfo.gov/link/plaw/109/public/59 /on/2024-07-09/title-49/section-1.51 https://www.federalregister.gov/citation/56-FR-932 https://www.ecfr.gov/on/2024-07-09/title-49/part-661/section-661.3/ https://www.ecfr.gov/on/2024-07-09/title-49/part-661/section-661.5/ https://www.ecfr.gov/on/2024-07-09/title-49/part-661/section-661.13/?#p-661.13(b) https://www.govinfo.gov/link/uscode/49/5323 https://www.ecfr.gov/on/2024-07-09/title-49/part-661/ https://www.govinfo.gov/link/uscode/49/5323 https://www.govinfo.gov/link/uscode/49/5323 https://www.ecfr.gov/on/2024-07-09/title-49/section-661.7/

Title

[71 FR 14117, Mar. 21, 2006, as amended at 72 FR 53696, Sept. 20, 2007]

49 CFR 661.6 (up to date as of 7/09/2024) Certification requirements for procurement of steel or manufactured... 49 CFR 661.6

49 CFR 661.6 (enhanced display) page 2 of 2 https://www.federalregister.gov/citation/71-FR-14117 https://www.federalregister.gov/citation/72-FR-53696

Authority:
Source:
§ 661.6 Certification requirements for procurement of steel or manufactured products.

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