Build America, Buy America (BABA)
Explore the latest updates from the Build America, Buy America (BABA) construction division, including new material classification sheets, compliance timelines, and expanded workshops.
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Build America, Buy America (BABA) November 2023 Update Construction Division February 28, 2024 Expanded Buy America Workshop
The December 2023 Update CFR CFR Construction Materials Construction Materials Plus, definition now considers minor additions Plus, definition now considers minor additions Material Certification Requirements Material Certification Requirements Requiring Requiring 1. 1. 2. 2. 3. 3. New Specification New Specification New Buy America Material Classification Sheet New Buy America Material Classification Sheet Updated Certification Form Updated Certification Form Expanded Buy America Workshop 2
NEW CFR Expanded Buy America Workshop 3
NEW CFR - Compliance Timeline Expanded Buy America Workshop
New Material - Section 70917 (C) Materials 5 Expanded Buy America Workshop
New Material - Construction Materials Expanded Buy America Workshop
No Change Materials Iron/Steel NO NO Change Change - continue using current process to include Form 1818, MTRs and certifications as required. Manufactured Product Any Construction Material combined with any other item other than minor additions as determined by the Engineer. additions as determined by the Engineer. Any other material (excluding iron/steel). other than minor Expanded Buy America Workshop 7
Updated: Buy America Material Classification Sheet for SP6-40 Stored at Stored at same location as MPL: TxDOT.gov Do Business TxDOT Specifications (bottom of page under additional Resources) Or Or Search Buy America Material Classification sheet @ txdot.gov UPDATE UPDATE: SP 006-040 New Form 2806 New Classification Sheet SP6-30, SP6-39 use Form 2806 Version 1 and Classification Sheet. Expanded Buy America Workshop 8
Updated: Buy America Material Classification Sheet for SP6-40 Expanded Buy America Workshop 9
Form 2806 Version 2 - Construction Materials Buy America Certification Used with: SP006-040 (projects let on or after 12/2023) Order Number revised to Purchase Order What is the Contractor certifying? 1. 2. 2. Meets specs, Certification requirement per Certification requirement per Material. Material. All Quantities for that material on the project by Purchase Order. Will provide a new 2806 if change in supplier or supplier is no longer compliant. 3. 4. Expanded Buy America Workshop 10
Form 2806 Version 1 - Construction Materials Buy America Certification Used with: -SP006-030/SP006-039 (Projects let between 11/2022 and 11/2023.) Order Number revised to Purchase Order What is the Contractor certifying? 1. 2. Meets specs, The final manufacturing process and the proceeding manufactured process occurred in the United States of America. All Quantities for that material on the project by Purchase Order. Will provide a new 2806 if change in supplier or supplier is no longer compliant. 3. 4. Expanded Buy America Workshop 11
Dec 2023 let Contracts BABA Implementation New Requirements included in December 2023 let Contracts through: 1. 1. SP006 SP006- -040 040 Do not change order into projects let prior to 12/2023 Required for: All federal projects, Any state funded projects that were cleared as a part of a corridor under a single NEPA decision with any federal funding on past or future projects within that corridor. 2. 2. General Note General Note Defined Construction Materials per item in: 1. 1. 231107_Buy America Material Classification Sheet 231107_Buy America Material Classification Sheet for SP6 Enforced by: 4. 4. Contractor Submitting Construction Materials Buy America Contractor Submitting Construction Materials Buy America Certification Form 2806 Certification Form 2806 - - Version 2 Version 2 5. Only applies materials classified as construction materials 6. Only applicable if SP006-040 is in your contract for SP6- -40. 40. Expanded Buy America Workshop 12
SP006-040 Material Classification based on its status at time it arrives at the work site. Clarified any Iron or Steel requires certification. New Classification Section C materials Minor Additions still count statement Fiber Optic Cable (including drop cable) Optical fiber, Engineer Wood Expanded Buy America Workshop 13
SP006-040 Certification requirements are now specifically called out. Manufactured Products Still Exempt Expanded Buy America Workshop 14
SP006-040 Exceptions 1. Added 1 additional waiver. 2. Clarified existing waiver and applicability. Waivers 1. 1. Construction Materials is no more than 1 million or 5% of Construction Materials is no more than 1 million or 5% of Total Applicable Cost Total Applicable Cost driven by OMB guidance. Means cost of all Buy America required materials. Documentation must be shown in advance for Engineer s consideration. Federal Financial Assistance less than ($500,000). Note this should be determined prior to construction and therefore is not added in the specification. Total Applicable Cost. 2. Expanded Buy America Workshop 15
General Note General Note updated to remove notarization Item 6: To comply with the latest provisions of Build America, Buy America Act (BABA Act) of the Bipartisan Infrastructure Law, the contractor must submit a notarized original of the TxDOT Construction Material Buy America Certification Form for all items classified as construction materials. This form is not required for materials classified as a manufactured product. Refer to the Buy America Material Classification Sheet for clarification on material categorization. The Buy America Material Classification Sheet is located at the below link. https://www.txdot.gov/business/resources/materials/buy-america-material-classification- sheet.html for clarification on material categorization. Expanded Buy America Workshop 16
Workflow for Expanded Buy America Contractor - Identify material(s) through the Buy America Material Classification Sheet and submits questions through Pre-Bid Q&A process. TxDOT - Material classification questions are to submitted to CST Support through DCO. Contractor submits Form 2806 for identified material(s) All added materials (i.e. change orders) will need to be reviewed for Form 2806 submittal. Iron and Steel material(s) follow current processes. Receive 2806 prior to payment. Review project records for identified material(s) and Form 2806. Request from contractor and escalate if not received. Preconstruction Conference Project Records Final Records Pre-Letting Project Reviews Construction Review material classification sheet for project and received Form 2806. Include items added by Change Order. Request any non-submitted forms prior to project closeout. Contractor and TxDOT review identified materials during Material Sourcing. Discuss the submission of the Form 2806 and version requirements. Identify any potential issues. Utilize standardized folder structure to file Form 2806. This is based on the information available at this time. Expanded Buy America Workshop 17
Example Buy America Material Classification Sheet Project Records Checklist Expanded Buy America Workshop 18
Example Example of Completed Form 2806 1 1. Introduction regarding Form 2806 2. Completed with Project Information: CCSJ Area Engineer Prime Contractor Name Subcontractor (if applicable) Item Code Producer/Fabricator Purchase Order Material 2 3. Prime contractor certification, including name, signature and date. 3 Expanded Buy America Workshop 19
FAQ Is there a change to existing iron/steel Buy America Requirements? No Will the Material Producer List (MPL) be updated? Not at this time. Due to state jobs do not require the expanded Buy America requirement at this time. Do we need to get a new Form 2806 for additional quantity? No, contractor is certifying all quantity on the project. Contractor is responsible if material supplier changes or is no longer certified. Are the new Buy America Guidelines going to change? Possibly, FHWA has currently left requirements up to the states and is reviewing the existing Manufactured Products waiver. What documentation are we expecting besides the Form 2806? At this time, TxDOT is not requesting any additional documentation other than Form 2806 for Buy America Compliance of Construction Materials. However, project documentation is still required to verify material source and quantities. Can payment be made without receipt of the Form 2806? Form 2806 is required for payment for compliance with the CFRs. Expanded Buy America Workshop 20
FAQ Can a certified invoice be provided as a substitution to Form 2806? No, only the applicable Form 2806 to the project is allowed. There are no equivalents or substitutions. What if the material is applicable to multiple item codes? List all item codes in the Form 2806. What if the Material Classification Changes? Material Classification Sheet will be versioned and stored on the website. Contractors and TxDOT will need to be aware of the Materials Classification specific to their contract. Will a digital copy be acceptable? An electronic version is acceptable. Is the Form 2806 Version 1 or 2 required to be notarized? No. For projects with 006-030 please change order in 006-039 which officially removes the notarization requirement. If you have a question on how a material is classified, If you have a question on how a material is classified, contact your District Construction Office who will coordinate with CST Division. who will coordinate with CST Division. contact your District Construction Office Expanded Buy America Workshop 21
Any questions? Expanded Buy America Workshop 22
