BABA REQUIREMENTS ARFQ DEP25-9 KEMPTON REFUSE REHABILITATION.pdf

Please note that this project will be subject to BABA (Build America, Buy America) Federal

Requirements. This may have an impact on your bid – please carefully read the below:

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

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;

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

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.

The Buy America preference only applies to articles, materials, and supplies that are 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, that are 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 Buy America preference only applies to articles, materials, and supplies that are 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, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica .

Additional information can also be found at the White House Made in America Office website:

www.whitehouse.gov/omb/management/made-in-america .

Definitions

1. "Construction materials" includes an article, material, or supply that is or consists primarily of:

2. Non ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

3. glass (including optic glass);

4. lumber; or

5. drywall.

"Construction Materials" does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

"Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States;

or the construction materials used in the project are produced in the United States.

"Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United

States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems;

utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

"Project" means the construction, alteration, maintenance, or repair of infrastructure in the United

States.

The Contractor acknowledges to and for the benefit of the West Virginia Department of Environmental

Protection (WVDEP) and the Office of Surface Mining Reclamation & Enforcement (OSMRE) that it understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The

Contractor hereby represents and warrants to and for the benefit of the WVDEP and OSMRE (a) the

Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy

America Requirements, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, as may be requested by the WVDEP or OSMRE.

Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the

Contractor shall permit the WVDEP or OSMRE to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the WVDEP or OSMRE resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the OSMRE or any damages owed to the OSMRE by the WVDEP). If the

Contractor has no direct contractual privity with the OSMRE, as a lender or awardee to the WVDEP for the funding of its project, the WVDEP and the Contractor agree that the OSMRE is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the OSMRE.