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Contract Types - Construction and Equipment-The sponsor must meet the Buy American Preference requirements of 49 USC§ 50101 for all AIP funded projects that require steel or manufactured goods. The Buy America requirements flow down from the sponsor to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance. Note: The Buy American Preference does not apply to equipment a contractor uses as a tool of its trade and which does not remain as part of the project. Professional Services -Professional service agreements (PSAs) do not normally result in a deliverable that meets the definition of a manufactured product. However, the emergence of various project delivery methods has created situations where task deliverables under a PSA may include a manufactured product. If a PSA includes providing a manufactured good as a deliverable under the contract, the sponsor must include the Buy American Preference provision in the agreement. Property-Most land transactions do not involve acquiring a manufactured product. However, under certain circumstances, a property acquisition project could result in the installation of a manufactured product. For example, the installation of property fencing, gates, doors and locks, etc. represent manufactured products acquired under an AIP funded land project that must comply with Buy American Preferences. Use of Provision -No mandatory language provided. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must fully comply with 49 USC§ 50101. There are two types of Buy American certifications. The sponsor must incorporate the appropriate "Certificate of Buy America Compliance" in the solicitation: • Projects for a facility (buildings such as terminals, snow removal equipment (SRE) buildings, aircraft rescue and firefighting (ARFF) buildings, etc.) -Insert the Certificate of Compliance Based on Total Facility. • Projects for non-facility development (non-building construction projects such as runway or roadway construction or equipment acquisition projects) -Insert the Certificate of Compliance Based on Equipment and Materials Used on the Project. A4.3 SOLICITATION CLAUSE A4.3.1 Buy American Preference Statement BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC§ 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on December 12, 2017 Page 7