Exhibit N - IFB - BUY AMERICAN FORM.pdf
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This is an Exhibit N form for the Missouri state procurement process, specifically the Domestic Products Procurement Act (Buy American) preference requirement under sections 34.350-34.359, RSMo. The form requires bidders to certify the point of manufacture for finished products being procured to determine eligibility for the Buy American preference. Bidders must complete applicable certification tables based on whether all products are U.S.-manufactured, all products are foreign-manufactured and ineligible for preference, or a mix of both domestic and foreign products requiring item-by-item certification. The form does not specify particular products, quantities, delivery dates, or contract terms, as it is a standardized template applicable to all Missouri state and local contract opportunities involving product procurement.
Bidders are required to provide accurate information regarding product manufacturing locations and sign a certification statement confirming compliance with Missouri's Buy American statute, with penalties for misrepresentation including criminal liability classified as a class A misdemeanor. Products qualify for preference if manufactured or produced in the U.S., imported but covered under applicable international trade treaties that afford them equal status, or represent the only U.S. line of products available. The form accommodates foreign-manufactured products that qualify under U.S. trade treaties, laws, agreements, or regulations allowing duty/tariff-free entry, as well as those where only one U.S. manufacturer produces the product or product line. Supporting documentation may be required to verify compliance with these preference provisions.
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Text version
MO 300-1102N (1-16)
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)
MO 300-1102N (1-16)
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
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