Exhibit N - IFB - BUY AMERICAN FORM.docx

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Attached to
Polypropylene Pipe - Central Area - Southwest District
Solicitation number
300000288230248
Issued by
Missouri

About this file

This is a Buy American Preference Form (Exhibit N) issued by the Missouri Department of Transportation (MoDOT) Southwest District for a polypropylene culvert pipe procurement. The form requires bidders to certify the manufacturing origin of products being offered to determine eligibility for the Domestic Products Procurement Act preference under Missouri Revised Statutes sections 34.350-34.359. Bidders must provide information regarding the point of manufacture for finished products only and may be required to submit supporting documentation to verify compliance. The certification applies to a one-time purchase of polypropylene pipe that must meet attached specifications.

Bidders must complete one of six applicable certification tables depending on their product sourcing: Table 1 for products entirely manufactured or produced in the U.S. (eligible for preference); Table 2 for products entirely manufactured or produced outside the U.S. that do not qualify for preference; Table 3 for U.S.-manufactured products with city and state designation; Table 4 for foreign-manufactured products ineligible for preference with country identification; Table 5 for foreign-manufactured products eligible under applicable U.S. trade treaties, laws, agreements, or regulations with supporting documentation; or Table 6 for foreign-manufactured products eligible because only one U.S. manufacturer produces that product or product line. Bidders must sign and certify the accuracy of submitted information, acknowledging that misrepresentation constitutes a class A misdemeanor under Missouri law.

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EXHIBIT N

DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN) PREFERENCE

In accordance with sections 34.350-34.359, RSMo, the bidder is instructed to provide information regarding the point of manufacture for each of the products being bid so that the product’s eligibility for the Domestic Products Procurement Act (Buy American) Preference can be determined. This information is requested for the finished product only, not for components of the finished product. The bidder may be required to provide supporting documentation indicating proof of compliance.

Qualifying for the Domestic Products Preference:

A product qualifies for the preference if one of the following circumstances exist:

· if manufactured or produced in the U.S.; or

· if the product is imported into the U.S. but is covered by an existing international trade treaty, law, agreement, or regulation that affords the specific product the same status as a product manufactured or produced in the U.S.; or

· if only one line of products is manufactured or produced in the U.S.

Non-Domestic Product:

If the product is not manufactured or produced in the U.S. and does not otherwise qualify as domestic, then it will be considered non-domestic and not eligible for the preference.

THE BIDDER MUST COMPLETE THE FOLLOWING APPLICABLE TABLES TO CERTIFY WHETHER:

(Table 1)ALL products bid are manufactured or produced in the U.S. and qualify for the Domestic Products Procurement Act Preference; OR
(Table 2)ALL products bid are manufactured or produced outside the U.S. and do not otherwise qualify for the Domestic Products Procurement Act Preference; OR
(Tables 3-6)Not all products bid fall into the prior two categories so an item-by-item certification is necessary.

The bidder is responsible for certifying the information provided on the exhibit is accurate by signing where indicated at the end of the exhibit.

TABLE 1 – ALL PRODUCTS MANUFACTURED OR PRODUCED IN U.S. (eligible for preference) Check the box to the right if ALL products bid are MANUFACTURED OR PRODUCED IN THE U.S.:

TABLE 2 – ALL PRODUCTS MANUFACTURED OR PRODUCED OUTSIDE U.S. AND DON’T QUALIFY FOR PREFERENCE (ineligible for preference) Check the box to the right if ALL products bid are MANUFACTURED OR PRODUCED OUTSIDE THE U.S. and DO NOT OTHERWISE QUALIFY for the Domestic Products Procurement Act Preference:

TABLES 3 THROUGH 6 – ITEM BY ITEM CERTIFICATION (NOT ALL PRODUCTS BID FALL INTO PRIOR TWO TABLES)

· For those line items for which a U.S.-manufactured or produced product is bid, complete Table 3.

· For those line items which are manufactured or produced outside the U.S. that do not qualify for the Domestic Products Procurement Act Preference, complete Table 4.

· For those line items which are not manufactured or produced in the U.S., but for which there is a U.S. trade treaty, law, agreement, or regulation in compliance with section 34.359, RSMo, complete Table 5.

· For those line items which are not manufactured or produced in the U.S., but for which there is only one U.S. Manufacturer of that product or line of products, complete Table 6.

TABLE 3 – U.S.-MANUFACTURED OR PRODUCED PRODUCTS (Eligible for Preference)

· List item numbers of products bid that are U.S.-manufactured or produced and therefore qualify for the Domestic Products Procurement Act Preference.

· List U.S. city and state where products bid are manufactured or produced.

Item #
U.S. City/State Where Manufactured/Produced
Item #
U.S. City/State Where Manufactured/Produced

TABLE 4 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS (Not Eligible for Preference)

· List item numbers of products bid that are foreign manufactured or produced and do not otherwise qualify for the Domestic Products Procurement Act Preference.

· List country where product bid is manufactured or produced.

Item #
Country Where Manufactured/Produced
Item #
Country Where Manufactured/Produced

(Exhibit continues on next page)

EXHIBIT N, continued: DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN) PREFERENCE TABLE 5 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS BUT U.S. TRADE TREATY, LAW, AGREEMENT, OR REGULATION APPLIES (Eligible for Preference)

· List item numbers of products bid that are foreign manufactured or produced but qualify for the Domestic Products Procurement Act Preference because a U.S. Trade Treaty, Law, Agreement, or Regulation applies.

· Identify country where proposed foreign-made product is manufactured or produced.

· Identify name of applicable U.S. Trade Treaty, Law, Agreement, or Regulation that allows product to be brought into the U.S. duty/tariff-free.

· Identify website URL for the U.S. Trade Treaty, Law, Agreement, or Regulation.

· NOTE: As an imported product, if an import tariff is applied to the item, it does not qualify for the preference. In addition, “Most Favored Nation” status does not allow application of the preference unless the product enters the U.S. duty/tariff-free.

Item #
Country Where Proposed Foreign-Made Product is Manufactured/Produced
Name of Applicable U.S. Trade Treaty, Law, Agreement, or Regulation
Official Website URL for the U.S. Treaty, Law, Agreement, or Regulation

TABLE 6 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS BUT ONLY ONE US MANUFACTURER PRODUCES PRODUCT OR LINE OF PARTICULAR GOOD (Eligible for Preference)

· List item numbers of products bid that are foreign manufactured or produced but qualify for the Domestic Products Procurement Act Preference because only one US Manufacturer produces the product or line of a particular good.

· Identify country where proposed foreign-made product is manufactured or produced.

· Identify sole US manufacturer name.

· Identify name of sole US manufactured product/line of particular good.

Item #
Country Where Proposed Foreign-Made Product is Manufactured/Produced
Sole US Manufacturer Name
Name of Sole U.S. Manufactured Product or Line of Particular Good

The bidder is responsible for certifying the information provided on this exhibit is accurate by signing below:

I hereby certify that the information provided herein is true and correct, and complies with all provisions of sections 34.350 to 34.359, RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor.

SIGNATURE (If submitting bid electronically, scanned or typed signature is acceptable)

COMPANY NAME

MO 300-1102N (1-16)

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