FORM_7_-_CERTIFICATION_OF_COMPLIANCE_WITH_FAA_BUY_AMERICAN_PREFERENCE_–_CONSTRUCTION_PROJECTS.pdf
PDF 129 KB Posted
- Solicitation number
- 2026-072-MC
- Issued by
- Lee County, Fruitville CDP, Florida
About this file
This is a Form 7 Certification of Compliance document for RFQ 2026-072-MC issued by the Lee County Port Authority in Florida for a Progressive Design-Build project involving a Parking Garage, Quick Turnaround Area (QTA), and Demolition/Remediation of Existing Facilities at Southwest Florida International Airport. The document requires bidders to certify their compliance with the Federal Aviation Administration's Buy American Preference requirements under 49 U.S.C. § 50101 and related Made in America laws. Bidders must select one of four mutually exclusive certification options: committing to install only U.S.-produced iron, steel, and manufactured products; installing only FAA-approved construction materials manufactured in the United States; installing products for which the FAA has issued a waiver; or installing products listed as excepted articles under Federal Acquisition Regulation Subpart 25.108.
Bidders unable to comply with the 100 percent Buy American preference may qualify for a Type 3 or Type 4 waiver, requiring submission of a formal waiver request and supporting documentation within 15 calendar days of being selected as the responsive bidder. Type 2 (Nonavailability), Type 3 (Domestic content exceeding 60 percent of component costs), and Type 4 (Unreasonable Costs exceeding 25 percent project cost increase) waivers each require specific documentation including a completed Content Percentage Worksheet, Final Assembly Questionnaire, market research records, and cost analyses. Failure to submit required waiver documentation within the specified timeframe may result in a non-responsive determination and proposal rejection. All certifications are made under penalty of federal prosecution per 49 U.S.C. § 47126, and bidders must sign and date the form as a matter of bid responsiveness.
View the file
Other files
Show all 22
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
RFQ 2026-072-MC: PROGRESSIVE DESIGN-BUILD FOR PARKING GARAGE, QUICK TURNAROUND AREA (QTA), AND DEMOLITION/REMEDIATION OF EXISTING FACILITIES
FORM 7: CERTIFICATION OF COMPLIANCE WITH FAA BUY AMERICAN PREFERENCE –
CONSTRUCTION PROJECTS
CERTIFICATION OF COMPLIANCE WITH
FAA BUY AMERICAN PREFERENCE STATEMENT
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 U.S.C. § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. ”.
Bidders must select one or the other (i.e., not both) by inserting a checkmark (✔) or the letter “X”.
⃞ Bidder or offeror hereby certifies that it will comply with 49 U.S.C. § 50101, BABA and other related U.S.
statutes, guidance, and policies of the FAA by:
a) Only installing iron, 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 the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product.
b) To faithfully comply with providing U.S. domestic products.
c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.
d) Certify that all construction materials used in the project are manufactured in the U.S.
⃞ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 U.S.C. § 50101(a) but may qualify for a Type 3 or Type 4 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.
Rev: 6.29.2026 Page 47 of 58
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 furnish U.S. domestic product for any waiver request that the FAA rejects.
e) 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 or manufactured goods 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 components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all manufactured products 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 and installation at project location.
d) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.
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) A completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bids and/or offers;
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.
Rev: 6.29.2026 Page 48 of 58
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.
Date Signature
Company Name Title
Rev: 6.29.2026 Page 49 of 58
| Date: |
| Company Name: |
| Title: |
| Rev 6292026_3: |
| Check Box9: Off |
| Check Box10: Off |
File details come from the government source that posted it. Updated .