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Recipients are required to comply with the requirements set forth In the government -wide award term on Reporting Subawards <br />and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which Is Incorporated here by reference <br />In the award terms and conditions. <br />Article XXXV - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials <br />Recipients must comply with the "Build America, Buy America" provisions of the Infrastructure Investment and Jobs Act and <br />E.O. 14005. Recipients of an award of Federal financial assistance from a program for Infrastructure are hereby notified that <br />none of the funds provided under this award may be used for a project for Infrastructure unless: <br />(1) all Iron and steel used In the project are produced In the United States --this means all manufacturing processes, from the <br />initial melting stage through the application of coatings, occurred in the United States; <br />(2) all manufactured products used In the project are produced In the United States?thls means the manufactured product was <br />manufactured In the United States; and the cost of the components of the manufactured product that are mined, produced, or <br />manufactured In the United States is greater than 65 percent of the total cost of all components of the manufactured product, <br />unless another standard for determining the minimum amount of domestic content of the manufactured product has been <br />established under applicable law or regulation; and <br />(3) all construction materials are manufactured in the United States -this means that all manufacturing processes for the <br />construction material occurred In the United States. <br />The Buy America preference only applies to articles, materials, and supplies that are consumed In, Incorporated into, or <br />affixed to an Infrastructure project, As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, <br />brought to the construction site and removed at or before the completion of the Infrastructure project Nor does a Buy America <br />preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are <br />used at or within the finished Infrastructure project but are not an Integral part of the structure or permanently affixed to the <br />Infrastructure project <br />Waivers <br />When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the <br />process for requesting a waiver from these requirements is on the-website below, <br />(a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may <br />waive the application of the domestic content procurement preference in any case In which the agency determines that: <br />(1) applying the domestic content procurement preference would be Inconsistent with the public Interest; <br />(2) the types of Iron, steel, manufactured products, or construction materials are not produced In the United States in sufficient <br />and reasonably available quantities or of a satisfactory quality; or <br />(3) the Inclusion of Iron, steel, manufactured products, or construction materials produced In the United States will Increase the <br />cost of the overall project by more than 25 percent. <br />A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide <br />Instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to <br />public comment periods of no less than 15 days and must be reviewed by the Made in America Office. <br />There may be Instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" <br />Preference In FEMA Financial Assistance Programs for Infrastructure I FEMA,gov. <br />The awarding Component may provide specific Instructions to Recipients of awards from infrastructure programs that are <br />subject to the "Build America, Buy America" provisions. Recipients should refer to the Notice of Funding Opportunity for further <br />Information on the Buy America preference and waiver process. <br />Article XXXVI - SAFECOM <br />Recipients receiving federal financial assistance awards made under programs that provide emergency communication <br />equipment and Its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, <br />Including provisions on technical standards that ensure and enhance interoperable communications. <br />Article XXXVII - Terrorist Financing <br />Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and <br />support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance <br />with the Order and laws. <br />DHS-FEMA-EMPG-FY23 Page 33 of 41 Kittitas County, E24-341 <br />