Res-2018-122 PSA CenturyWest - Laserfiche WebLink

Home Browse Search

A4 BUY AMERICAN PREFERENCE A4.1 SOURCE Title 49 USC § 50101 A4.2 APPLICABILITY The Buy American Preference requirement in 49 USC§ 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. The statute gives the FAA the ability to issue a waiver to a sponsor to use non-domestic material on an AIP funded project subject to meeting certain conditions. A sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that: 1) Applying the provision is not in the public interest; 2) The steel or manufactured goods are not available in sufficient quantity or quality in the United States; 3) The cost of components and subcomponents produced in the United States is more than 60 percent of the total components of a facility or equipment, and final assembly has taken place in the United States. Items that have an FAA standard specification item number (such as specific airport lighting equipment) are considered the equipment. 4) Applying this provision would increase the cost ofthe overall project by more than 25 percent. Timing of Waiver Requests. Sponsors desiring a Type 1 or Type 2 waiver must submit their waiver requests before issuing a solicitation for bids or a request for proposal for a project. The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract. The FAA will generally not consider waiver requests after execution of the contract except where extraordinary and extenuating circumstances exist. The FAA cannot review waiver requests with incomplete information. Sponsors must assess the adequacy ofthe waiver request and associated information prior to forwarding a waiver request to the FAA for action. Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has received a nationwide waiver from the Buy American Preference requirements or that fully meet the Buy American requirements. The Nationwide Buy American Waiver List is available online at www.faa.gov/airports/aip/buy amerfcan/. Products listed on the Buy American Conformance list do not require additional submittal of domestic content information under a project specific Buy American Preference waiver. Facility Waiver Requests. For construction of a facility, the sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings, terminal renovation, and snow removal equipment buildings. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on December 12, 2017 Page 6