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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 un ess;
<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?this 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 55 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 Sheriff's Office, E25-363
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