Form 2806, “Construction Materials Buy America Certification”

is the certification form required
to comply with BABA requirements.
BABA requirements have changed 4 times since inception
. It is imperative to use the correct form version associated with the project. Version 1 is for contracts let between November 2022 and November 2023. Version 2 is for contracts let
between
December
2023 and November 2025.
Version 3 of BABA updated definitions and Form 2806 Version 3 was not required nor created.
Version 4 is for projects let on or after December 2025.
For projects let December 2025 or later, Buy America status may be listed on the MPL.
Form 2806 is not required for material listed as Buy America compliant.
The Area Office obtains material sourcing information and verifies materials on the MPL.
Buy America certifications were submitted for MPL approval.
Materials not listed or do not contain a Buy America status on the MPL require a Form 1818.
Form 2806
states
that a contractor is certifying all quantities on the project for the respective construction material, and that an additional Form 2806 will be provided in the event the stated producer/fabricator is no longer compliant or there is a change in producer/fabricator. A purchase order is needed connecting the material to the project.
Collect the Form 2806 prior to making payment for any construction material. and the provides guidance and clarification for materials requiring the Form 2806. The documents do not encompass all materials to be use in construction and therefore judgement is required for items not listed. Remind contractors of BABA requirements and for them to ask for material requirements if not listed. Questions may be directed through the District to Construction Division, CST Support Section.