BABA_Special_Conditions_Appendix2 (2).docx
DOCX document 29 KB Posted
- Attached to
- RFP - Compact Skid Steer
- Solicitation number
- PE-66133-NONST-2026-000000009
- Issued by
- Bibb County, Georgia
About this file
This document is example Build America, Buy America (BABA) Act assistance agreement language provided by the EPA for incorporation into federal financial infrastructure assistance agreements. The BABA Act, established under the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, requires that all iron, steel, manufactured products, and construction materials used in federally funded projects be produced in the United States. The example clause outlines mandatory compliance requirements for project participants, including adherence to domestic sourcing standards unless the participant has obtained a specific waiver from the cognizant federal agency or the project is covered by a general applicability waiver. The clause also establishes that contributing agencies may advise participants in writing if BABA requirements do not apply to a particular project.
The agreement language requires participants to comply with all applicable record-keeping and reporting requirements established by funding authorities such as the EPA or state agencies, including performance indicators, cost tracking, and project progress documentation. The clause specifies that all contracts and subconclusions related to the project are subject to audit by federal and state entities, and failure to comply with applicable legal requirements may result in default, requiring repayment of assistance agreements, termination of grants or cooperative agreements, early repayment of bond financing, or other remedial actions. The document also clarifies that when multiple federal agencies fund a single infrastructure project, the agency contributing the greatest amount of federal funds serves as the "Cognizant Agency for Made in America" and is responsible for coordinating waiver requests and criteria among all contributing agencies to minimize duplicative efforts on recipients.
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Other files
| File | Type | Posted |
|---|---|---|
| SRF_Supplemental_General_Conditions (3).pdf | ||
| City of Butler _ Compact Loader RFP (10_09_20.pdf | ||
| BABA_Special_Conditions (2).pdf |
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Text version
APPENDIX 2
Example Build America, Buy America (BABA) Act Assistance Agreement Language
ALL FEDERAL FINANCIAL INFRASTRUCTURE ASSISTANCE AGREEMENTS MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE BABA REQUIREMENTS. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN AN ASSISTANCE AGREEMENT (E.G., SRF LOAN AGREEMENT). EPA MAKES NO CLAIMS REGARDING THE LEGAL SUFFICIENCY OF THIS CLAUSE WITH RESPECT TO STATE LAW:
Comply with all federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”), Public Law No. I 17-58) which the Participant understands includes, but is not limited to, the following requirements: that all of the iron and steel, manufactured products, and construction materials used in the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the Participant has requested and obtained a waiver from the cognizant Agency[1] pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the Participant in writing that the Build America, Buy America Requirements are not applicable to the Project.
Comply with all record keeping and reporting requirements under all applicable legal authorities, including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables, information on costs and project progress. The Participant understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance agreement in advance of the maturity of the Bonds, termination and/or repayment of grants, cooperative agreements, direct assistance or other types of financial assistance, and/or other remedial actions.
[1]From OMB Guidance M-22- 11: To avoid a need for duplicative waiver requests from entities that receive funding for one infrastructure project through multiple Federal agencies, the Federal agency contributing the greatest amount of Federal funds for the project should be considered the “Cognizant Agency for Made in America” and should take responsibility for coordinating with the other Federal awarding agencies. Such coordination will provide uniform waiver criteria and adjudication processes, minimize duplicative efforts among Federal agencies, and reduce burdens on recipients. The Cognizant Agency for Made in America shall be responsible for consulting with the other Federal awarding agencies, publicizing the proposed joint waiver, and submitting the proposed joint waiver for review to MIAO.
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