[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48930-48931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19894]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Project Waiver Granted to Custer County, South Dakota for the
Purchase of Foreign Manufactured Heating, Ventilation, Air Conditioning
(HVAC) Equipment
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
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SUMMARY: The United States Department of Agriculture (``USDA'') grants
a project waiver of the Buy American Requirements of the American
Recovery and Reinvestment Act of 2009 (``ARRA''), to Custer County,
South Dakota (``County'') for the purchase of foreign manufactured
Heating, Ventilation, Air Conditioning (``HVAC'') equipment for a
Courthouse renovation and expansion project because the necessary
manufactured goods are not produced in the United States in sufficient
and reasonably available quantities and of a satisfactory quality. This
action permits the purchase of a Daikin VRV III HVAC unit and Tempeff
Dual Core Technology unit of Japan and Canada respectively. These units
address the operational requirement to heat and cool simultaneously,
perform very efficiently, and are compatible and adaptable to the space
restrictions created by the existing facility.
DATES: This action goes into effect August 12, 2010.
ADDRESSES: Address all comments concerning this notice to Dallas
Tonsager, Under Secretary, Rural Development, U.S. Department of
Agriculture, Room 205-W, 1400 Independence Avenue, SW., Washington, DC
20250-0107.
FOR FURTHER INFORMATION CONTACT: William Downs, 202-720-1499.
SUPPLEMENTARY INFORMATION: In accordance with section 1605 of Public
Law 111-5, USDA hereby provides notice that it is granting a project
specific waiver of the Buy American Requirements of the ARRA, to Custer
Counter, South Dakota for the purchase of HVAC equipment, manufactured
by Daikin of Japan and Tempeff of Canada for the Courthouse renovation
and expansion project.
I. Background Information
Section 1605(a) of public law 111-5 requires that none of the
appropriated funds may be used 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. According to section 1605(b) of Public
Law 111-5, a waiver may be granted if the head of the appropriate
department or agency, in this case the Secretary of Agriculture,
determines that (1) Applying these requirements would be inconsistent
with public interest; (2) iron, steel, and manufactured goods are not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or (3) inclusion of iron,
steel, and manufactured goods produced in the United States will
increase the cost of the overall project by more than 25 percent.
Custer County has requested a waiver from the Buy American Requirement
for the purchase of HVAC equipment suitable for the conditions of the
existing facility and the expansion area. The purchase of the new HVAC
equipment is intended to provide the specified conditioning for the
existing Courthouse renovation and expansion. The estimated cost of the
overall improvements to the County's Courthouse is $5.8 million. In
designing the HVAC equipment the designers of record evaluated the
various technologies based on the following factors:
The project requirements include addressing the
limitations of space for HVAC equipment and the associated accessories.
The project requires a very high efficiency performance
for the conditions presented by the region and the requirement for
simultaneous heating and cooling.
The project requires a frost resistant operating system.
As part of an exhaustive review and search for potentially viable
HVAC units, the County and their consultants determined that there is
no domestic manufacturer of HVAC equipment that provides the specified
performance and technical features required for this project.
According to the County, the only HVAC equipment that meets the
technical specifications is manufactured only by Daikin and Tempeff, of
Japan and Canada respectively. As a result, the County requested a
waiver of the ARRA Buy American provisions on the basis of non-
availability of a United States manufactured product that will meet the
design and performance criteria specified for this HVAC system.
II. Non-Availability Finding
The Secretary has determined that, based on the information
available, and to the best of USDA's knowledge, there do not appear to
be other HVAC systems manufactured in the United States that are
available at this time to meet the County's design specifications and
performance requirements for this project.
USDA's technical review team and architects reviewed a memorandum
submitted by the County describing the foreign equipment that fits the
technical specifications for the HVAC equipment and the process the
County followed in adopting the HVAC design. USDA's technical review
team and architects conducted a nationwide review of equipment vendors,
manufacturers' representatives, and associated resources typically
relied on by designers of HVAC equipment in order to determine whether
there was any HVAC equipment manufactured in the United States that
meet the County's design specifications and performance requirements.
The evaluation by USDA's technical review team and architects supports
the County's claim that a suitable HVAC system which meets the County's
design specifications
[[Page 48931]]
and performance requirements for its Courthouse renovation and
expansion project is not reasonably available in sufficient commercial
quantities of a satisfactory quality that is manufactured in the United
States.
III. The Waiver
Having established a proper basis that this manufactured good was
not available from a producer in the United States, the County is
hereby granted a waiver from the Buy American requirements. This waiver
permits use of ARRA funds for the purchase of the specified Daikin VRV
III heat recovery system and Tempeff Dual Core Technology documented in
the County's waiver request submittal dated February 19, 2010, as part
of its Courthouse renovation and expansion project. This supplementary
information constitutes the detailed written justification required by
section 1605(c) of Public Law 111-5 for waivers ``based on a finding
under subsection (b).''
This waiver only applies to the use of the specified product for
the ARRA project being proposed. Any other ARRA recipient that wishes
to use the same product must apply for a separate waiver based on
project specific circumstances.
IV. Equal Opportunity and Non-Discrimination Requirements
The U.S. Department of Agriculture prohibits discrimination in all
of its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status,
parental status, religion, sexual orientation, genetic information,
political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance program. (Not all
prohibited bases apply to all programs). Persons with disabilities who
require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at 202-720-2600 (voice and TDD). To file a complaint of
discrimination, write to USDA, Director, Office of Civil Rights, 1400
Independence Avenue, SW., Washington, DC 20250-9410, or call 800-795-
3272 (voice), or 202-720-6382 (TDD). ``USDA is an equal opportunity
provider, employer, and lender.''
Authority: Sec. 1605, Pub. L. 111-5, 123 STAT. 115.
Dated: August 5, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2010-19894 Filed 8-11-10; 8:45 am]
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