Build America, Buy America. The sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58).
Build America, Buy America. The Subrecipient shall comply with the requirements of the Build America, Buy America Act that requires all of the iron and steel, manufactured products, and construction materials used in this project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Subrecipient hereby represents and warrants that
(a) the Subrecipient has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials purchased with funds from this agreement will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved, and
(c) the Subrecipient will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the County of any authorized federal agency. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Subrecipient shall be considered a breach of contract.
Build America, Buy America a. The awardee is subject to the Buy America Sourcing requirements under the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117- 58, §§70911-70917) when using Federal funds for the purchase of goods, products, and materials on any form of construction, alteration, maintenance, or repair of infrastructure in the United States regardless of the appropriation. These sourcing requirements require that all iron, steel, manufactured products, and construction materials used in Federally funded infrastructure projects must be produced in the United States. The awardee must implement these requirements in its procurements, and this article must flow down to all subawards and contracts at any tier. For legal definitions and sourcing requirements, the awardee must consult NSF’s Implementation of the Act on the Build America, Buy America website.
b. When supported by rationale provided in IIJA §70914, the awardee must submit a waiver request to the cognizant NSF Program Officer and Grants and Agreements Officer. Non- compliant purchases must not be made in advance of waiver approval. Guidance on the submission of an NSF waiver request is available on the Build America, Buy America website.
Build America, Buy America. (Applicable to infrastructure projects in excess of $250,000)
Build America, Buy America. (BABA)
(1) all iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and
(2) All manufactured products used in the project are produced in the United States – This means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(3) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
Build America, Buy America a. The awardee is subject to the Buy America Sourcing requirements under the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117- 58, §§70911-70917) when using Federal funds for the purchase of goods, products, and materials on any form of construction, alteration, maintenance, or repair of infrastructure in the United States regardless of the appropriation.
Build America, Buy America. None of the LOAN funds can be used for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding authority. DOH may waive this requirement if:
A. Compliance would be inconsistent with the public interest; or
B. The particular products are not produced in the United States in sufficient and reasonably available quantities and are not of a satisfactory quality; or
C. Inclusion of products produced in the United States will increase the cost of the overall project by more than twenty-five (25) percent; and
D. A waiver is approved by the Environmental Protection Agency (EPA).
Build America, Buy America. Congress passed the Build America, Buy America Act (BABA) on November 15, 2021 as part of the Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429, 70901-70927. BABA established domestic content procurement preference requirements for Federal financial assistance projects for infrastructure, including the BEAD Program, consistent with Section 70912(2) of the Infrastructure Act. Subgrantee shall comply with BABA consistent with applicable legal authorities, such as the Infrastructure Act, Executive Order 14005, 2 CFR Part 184, OMB Memo M-24-02, and any applicable waivers issued by the Department of Commerce or NTIA, to include the National Telecommunications and Information Administration Limited General Applicability Nonavailability Waiver of the Buy America Domestic Content Procurement Preference as Applied to Recipients of Broadband Equity, Access, and Deployment Program, effective February 22, 2024. All waivers applicable to BEAD will be posted on the Build America, Buy America page maintained by the Department of Commerce Office of Acquisition Management at xxxxx://xxx.xxxxxxxx.xxx/oam/build-america-buy-america.
Build America, Buy America. [Contracts for construction, alteration, maintenance, or repair of INFRASTRUCTURE only]
Build America, Buy America a. The recipient is subject to the Buy America Sourcing requirements under 2 CFR part 184, Buy America Preferences for Infrastructure Projects, when using Federal funds for the purchase of goods, products, and materials on any form of construction, alteration, maintenance, or repair of infrastructure in the United States regardless of the appropriation. These sourcing requirements require that all iron, steel, manufactured products, and construction materials used in Federally funded infrastructure projects must be produced in the United States. The recipient must implement these requirements in its procurements, and this term and condition must flow down to all subawards and contracts at any tier. For legal definitions and sourcing requirements, and construction material standards, the recipient must consult 2 CFR § 184.7. Additional guidance may be found on NSF’s Implementation of the Act on the Build America, Buy America website.
b. When supported by rationale provided in 2 CFR § 184.7, the recipient must submit a waiver request to the cognizant NSF Program Officer and Grants and Agreements Officer. Non- compliant purchases must not be made in advance of waiver approval. Guidance on the submission of an NSF waiver request is available on the Build America, Buy America website.
