Buy_American_Certification-Equipment-Building_Projects.docx

DOCX document 45 KB Posted

Attached to
HVAC Controls and Infrastructure Upgrades
Solicitation number
26-003-ITB
Issued by
Bell County, Kentucky

About this file

This is a Buy American Certification document issued by the Kenton County Airport Board (KCAB) for Cincinnati/Northern Kentucky International Airport's HVAC Controls and Infrastructure Upgrades project. The document establishes compliance requirements for steel and manufactured goods used in the project, mandating that all materials be produced in the United States unless the Federal Aviation Administration (FAA) has issued a product waiver, the item qualifies as an excepted article under Federal Acquisition Regulation subpart 25.108, or the product appears on the FAA Nationwide Buy American Waivers Issued list. Bidders must complete and submit a signed certification statement with their proposal by the February 19, 2026 deadline, selecting one of four compliance pathways: installing only U.S.-produced steel and manufactured products; installing only specified construction materials manufactured in the United States; installing products for which the FAA has issued a waiver; or installing products listed as excepted articles. The project involves HVAC control system upgrades across Concourse A and Concourse B at CVG Airport, with a total project appropriation of $1,855,000, comprising design costs of $150,000, construction and installation of $1,500,000, contingency of $150,000, construction administration and inspection of $54,000, and force labor of $1,000, with substantial completion required by December 31, 2026.

Bidders selecting the first three compliance options must provide documentation evidencing the source and origin of materials and commit to furnishing U.S. domestic products for any rejected waiver requests. Bidders unable to comply with the 100 percent Buy American requirement may request a Type 3 waiver if U.S. domestic component costs exceed 60 percent of total item costs, provided they submit a formal waiver request with supporting documentation including a completed Content Percentage Worksheet, Final Assembly Questionnaire, and detailed cost analysis within 15 calendar days of selection as the responsive bidder. Alternative waiver options include Type 2 (Nonavailability) and Type 4 (Unreasonable Costs exceeding 25 percent project increase) waivers, each requiring specific supporting documentation and market research evidence. The project is funded through local capital budget sources with FAA Title VI civil rights requirements, and bidders must comply with federal civil rights statutes and provide proof of domestic sourcing. False certifications are subject to federal prosecution under Title 18, United States Code, and 49 USC 47126.

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KENTON COUNTY AIRPORT BOARD CINCINNATI/NORTHERN KY INTERNATIONAL AIRPORT

PROJECT NAME

BUY AMERICAN CERTIFICATION –

EQUIPMENT/BUILDING PROJECTS

The contractor shall comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA policies by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark () or the letter “X”.

· Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a) Only installing steel and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or

d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

a) To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product.

b) To faithfully comply with providing U.S. domestic product.

c) To furnish U.S. domestic product for any waiver request that the FAA rejects.

d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

· The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.

d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the “item”. The required documentation for a Type 3 waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;

b) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108 (products of unknown origin must be considered as non-domestic products in their entirety).

c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.

d) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from

b) At minimum two comparable equal bidders and/or offerors;

c)Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component;
d)Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

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