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

This file contains Buy America Certification requirements established under 49 CFR Part 661, administered by the Federal Transit Administration within the Department of Transportation, applicable to the Escambia County, Florida contract for bridges, docks, and boat ramp rehabilitation and construction services. The certification document outlines mandatory compliance procedures for bidders and offerors procuring steel, iron, or manufactured products on federally-funded transit projects. Bidders must submit either a Certificate of Compliance affirming adherence to Buy America Requirements under 49 U.S.C. 5323(j)(1) and 49 CFR Part 661, or a Certificate of Non-Compliance identifying potential exceptions to these requirements under 49 U.S.C. 5323(j)(2) and 49 CFR 661.7. The certificate must be completed and signed by an authorized company representative, with the company name and signatory title documented for verification purposes.

Escambia County's bridge, dock, and boat ramp contracts incorporate these federal Buy America requirements, mandating that all steel, iron, and manufactured products used in construction and rehabilitation projects be produced in the United States. This requirement is a binding condition of contract performance and reflects the integration of federal funding sources, likely including FEMA Public Assistance funding, into the county's infrastructure procurement process. Contractors responding to the solicitation must demonstrate their capability and willingness to comply with these federal provisions, which may affect material sourcing, project costs, and timeline planning. Non-compliance certifications may be submitted only when contractors qualify for specific exceptions under federal regulations, requiring documented justification and approval from the funding agency.

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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.

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