2010-24747. Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009

AGENCY:

Office of the Assistant Secretary for Public and Indian Housing, HUD.

ACTION:

Notice.

SUMMARY:

In accordance with the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-05, approved February 17, 2009) (Recovery Act), and implementing guidance of the Office of Management and Budget (OMB), this notice advises that certain exceptions to the Buy American requirement of the Recovery Act have been determined applicable for work using Capital Fund Recovery Formula and Competition (CFRFC) grant funds. Specifically, exceptions were granted to the Cambridge Housing Authority for the purchase and installation of energy efficient bathroom exhaust fans for the Lincoln Way and Jackson Gardens projects, and for the purchase and installation of solar panels and linoleum for its Lyndon B. Johnson Apartments project. An exception was also granted to the Housing Authority of the City of Columbia in Columbia, MO, for the purchase and installation of a Variable Refrigerant Volume Heating, Ventilation and Air Conditioning (VRV HVAC) system for the Paquin Tower project.

FOR FURTHER INFORMATION CONTACT:

Dominique G. Blom, Deputy Assistant Secretary for Public Housing Investments, Office of Public Housing Investments, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 4130, Washington, DC, 20410-4000, telephone number 202-402-8500 (this is not a toll-free number). Persons with hearing- or speech-impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Section 1605(a) of the Recovery Act provides that none of the funds appropriated or made available by the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. Section 1605(b) provides that the Buy American requirement shall not apply in any case or category in which the head of a Federal department or agency finds that: (1) Applying the Buy American requirement would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods will increase the cost of the overall project by more than 25 percent. Section 1605(c) provides that if the head of a Federal department or agency makes a determination pursuant to section 1605(b), the head of the department or agency shall publish a detailed written justification in the Federal Register.

In accordance with section 1605(c) of the Recovery Act and OMB's implementing guidance published on April 23, 2009 (74 FR 18449), this notice advises the public that, on September 7, 2010, HUD granted the following three exceptions to the Buy American requirement:

1. Cambridge Housing Authority. Upon request of the Cambridge Housing Authority, HUD granted an exception to applicability of the Buy American requirements with respect to work, using CFRFC grant funds, in connection with the Lincoln Way and Jackson Garden projects. The exception was granted by HUD on the basis that the relevant manufactured goods (energy efficient bathroom exhaust fans) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality.

2. Cambridge Housing Authority. Upon request of the Cambridge Housing Authority, HUD granted an exception to applicability of the Buy American requirements with respect to work, using CFRFC grant funds, in connection with the Lyndon B. Johnson Apartments project. The exception was granted by HUD on the basis that the relevant manufactured goods (solar panels and linoleum) are not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality.

3. Housing Authority of the City of Columbia. Upon request of the Housing Authority of the City of Columbia, HUD granted an exception to applicability of the Buy American requirements with respect to work, using CFRFC grant funds, in connection with the Paquin Towers project. The exception was granted by HUD on the basis that the relevant manufactured goods (a VRV HVAC system) is not produced in the U.S. in sufficient and reasonably available quantities or of satisfactory quality.

Dated: September 24, 2010.

Deborah Hernandez,

General Deputy Assistant Secretary for Public and Indian Housing.