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be greater than 56% of the total cost of all minimum amount of domestic content of
<br />manufactured product, unless subject to another standard.
<br />III. All construction materials are manufactured in the United States, This means that all
<br />manufacturing processes for construction material occurred in the United States.
<br />Additionally, applicable Infrastructure projects are subject to domestic preference requirements.
<br />A domestic preference does not apply to non -infrastructure spending under an award that also
<br />includes a covered project, A domestic preference applies to an entire infrastructure project,
<br />even if It is funded by both federal and non-federal funds under one or more awards.
<br />1. Domestic preferences under BABAA only apply to articles, materials, and supplies that are
<br />consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
<br />apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
<br />construction site and removed at or before the completion of the infrastructure project. Nor
<br />does a domestic preference apply to equipment and furnishings, such as movable chairs,
<br />_-desks,-and --portable computer-"equipmant,' that, sre-.used at--br withih... the ..-finished
<br />infrastructure project but are not an integral part of or permanently affixed to the structure.
<br />H. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities,
<br />and equipment for, In the United States, roads, highways and bridges; public transportation;
<br />dams, ports, harbors and other maritime facilities; Intercity passenger and freight railroads;
<br />freight and intermodal facilities; airports; water systems, including drinking water and
<br />wastewater systems; electrical transmission facilities and systems; utilities; broadband
<br />Infrastructure; and buildings and real property. Infrastructure includes facilities that
<br />generate, transport, and distribute energy.
<br />iii. The Subrecipient's contractors and their subcontractors who apply or bid for an award for
<br />an infrastructure project subject to the domestic preference requirement In the BABAA shall
<br />file a required certification to the Subrecipient with each bid or offer for an infrastructure
<br />project unless a domestic preference requirement is waived by FBMA. Contractors and
<br />subcontractors must certify that no federal financial assistance funding for infrastructure
<br />P1UftUL.'7" VVIII QU PIUVIUCU UIIIC7bti dil WHU IIUII, JLWJI, HHAII41MULUIMU �51�5S1s2i ---- --
<br />materials used in the project are produced in the United States, BABAA, Pub. L. No. 117- i
<br />58, §§ 70901-52, Contractors and subcontractors shall also disclose any use of federal �
<br />financial assistance for infrastructure projects that does not ensure compliance with BABAA j
<br />domestic preference requirement, Such disclosures shall be forwarded to the Subreciplent I
<br />who will forward them to the Department who, in turn, will forward the disclosures to FBMA. 1
<br />The Build America, Buy America Act Self -Certification form is included herein as Attachment
<br />G.
<br />If the Subrecipient is interested In applying for a waiver, the Subrecipient should contact the 1
<br />Department Key Personnel to determine the requirements. All waiver requests must include a i
<br />detailed justification for the use of goods, products, or materials mined, produced, or
<br />manufactured outside the United States and a certification that there was a good faith effort to
<br />solicit bids for domestic products supported by terms included in requests for proposals,
<br />contracts, and nonproprietary communications with potential suppliers.
<br />7. SUBRECIPIENT MONITORING
<br />a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
<br />the Department's monitoring activities will be to ensure that subrecipients receiving federal pass -
<br />through funds are In compliance with this Agreement, federal and state audit requirements,
<br />federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
<br />Part 200 Subpart F.
<br />b. To document compliance with 2 CPR Part 2100 Subpart F requirements, the Subrecipient shall
<br />complete and return to the Department an Audit Gertification/FFATA form. Reporting
<br />requirements are referenced in section 3.c.
<br />DHSTEMA-fiSGP-8HSP-FY24 Page 9 of 48 KIttItas County, E26-224
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