[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30966-30967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12997]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Buy American Exception Under the American Recovery and
Reinvestment Act of 2009
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of approval.
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SUMMARY: This notice provides information regarding the Bureau of
Reclamation (Reclamation) approval of the Buy American waiver requested
by the Deschutes River Conservancy (DRC) to purchase foreign-produced
ductile iron flanges also known as bolt rings used to connect high-
density polyethylene (HDPE) and polyvinyl chloride (PVC) pipe as part
of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for
Three Sisters Irrigation District (TSID) Phase III--Main Canal piping
project located in Sisters, Oregon. These ductile iron flanges are not
available in the United States and are necessary for the construction
of the TSID project and associated construction schedule. The DRC and
TSID engineers conducted market research for the domestic ductile iron
flange production industry and determined there is currently no
domestic availability for ductile iron flanges for use with HDPE and
PVC pipe.
DATES: The effective date of the Buy American Waiver approval was May
11, 2011.
FOR FURTHER INFORMATION CONTACT: Wilson Orvis, Financial Assistance
Analyst--Acquisition and Assistance Management Division, Bureau of
Reclamation, Denver Federal Center, Building 56, Room 1013, P.O. Box
25007 (84-27820), Denver, CO 80225-0007. Telephone: (303) 445-2444, or
via e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Background
Congress has enacted a Buy American provision which requires
manufactured goods permanently incorporated into a project funded with
American Recovery and Reinvestment Act of 2009 (ARRA) funds to be
produced in the United States. The application of Buy American is
triggered by the obligation of Federal ARRA funds to a project. Once
ARRA funds are obligated to a project, then all iron, steel, and
manufactured goods incorporated into the project must be produced in
the United States.
Under 2 CFR 176.80(a), the head of the Federal department or agency
may waive the Buy American requirements for specific products on an
ARRA funded construction project when Buy American is inconsistent with
the public interest; such materials and products are not produced in
the United States in sufficient and reasonably available quantities and
of satisfactory quality; or inclusion of domestic material will
increase the cost of the overall project contract by more than 25
percent.
The waiver process is initiated by a requesting organization when
it believes that a waiver is warranted pursuant to any of the three
waiver provisions under 2 CFR 176.80(a). The DRC submitted a Buy
American waiver request based on the waiver provision under 2 CFR
176.80(a)(1)--Nonavailability. The project requirements specified the
use of ductile iron flanges that were determined through industry
research conducted by DRC and TSID to not be domestically available.
Based on the confirmation that these ductile iron flanges used with
HDPE pipe are not currently available, Reclamation approved the Buy
American waiver request.
[[Page 30967]]
Reclamation's publication of its Buy American decision is required
pursuant to the Buy American Act, 2 CFR 176.80(b)(2).
Upon publication of this Federal Register notice, Reclamation is
notifying the public of the decision to approve the Buy American waiver
requested by the DRC to purchase foreign ductile iron flanges as part
of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for
the TSID Phase III Main Canal piping project located in Sisters,
Oregon.
Dated: May 20, 2011.
Grayford F. Payne,
Deputy Commissioner--Policy, Administration and Budget, Bureau of
Reclamation.
[FR Doc. 2011-12997 Filed 5-26-11;8:45 am]
BILLING CODE 4310-MN-P