180-26 - Exhibit A. CDBG 2025 SPECS_compressed.pdf

BUILD AMERICA BUY AMERICA (BABA ) REGULATIONS If total project costs (not just the CDBG award amount) exceed $250,000, the Grantee, the General Contractor and Sub Contractors must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The BABA requirement is waived for Projects with a total cost that is $250,000 or less and/or for a de minimis portion whereby covered materials used in a project comprise no more than 5 percent of the total cost, up to $1 million. BABA requires that products purchased in connection with infrastructure projects funded by Federal financial assistance programs must be produced in the United States. This requirement is known as the “Buy America Preference (BAP).” The domestic content Procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (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; (2) all manufactured products (material or supply used in an infrastructure project that is not iron or steel ora construction material; when two or more materials are combined, they should be treated as a manufactured product) 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

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. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Construction materials include plastic materials such as PVC pipe, glass, lumber, and drywall. The definition of construction materials does not include cement and aggregates (stone, sand, gravel).