[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Page 16825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7490]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5400-N-01]
Notice of Modifications to U.S. Commitments Under the World Trade
Organization Government Procurement Agreement To Implement Agreement
With Canada Regarding Section 1605 of the Recovery Act (Buy American
Requirement) Applicable to Public Housing Capital Fund Recovery Formula
and Competitive Grant Programs
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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DATES: Effective Date: February 16, 2010 through September 30, 2011.
SUMMARY: The domestic purchasing requirement of section 1605(a) of the
American Reinvestment and Recovery Act of 2009 (Recovery Act) will not
be applied as a condition of Recovery Act financing in Public Housing
Capital Fund Recovery Formula and Competitive Grant Programs (Capital
Fund Recovery Program) with respect to Canadian iron, steel, and
manufactured products in procurement above $7,804,000 for construction
services through September 30, 2011.
FOR FURTHER INFORMATION CONTACT: For Public Housing Capital Fund
Recovery Formula and Competitive Grants: 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 4210,
Washington, DC 20410-4000, telephone 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:
The Recovery Act appropriated $4,000,000,000 for Capital Fund
Recovery Program grants to public housing authorities (PHAs) to carry
out eligible activities on an expedited basis. Section 1605(a) of the
Recovery Act, the ``Buy American'' provision, states that for Recovery
Act funds used for a project for the construction, alteration,
maintenance, or repair of a public building or public work, all of the
iron, steel, and manufactured goods used in the project must be
produced in the United States. Interim final guidance (2 CFR Part 176)
for implementing the Buy American provision was issued by the Office of
Management and Budget (OMB) on April 23, 2009 at 74 Federal Register
18449, and applies to the Capital Fund Recovery Program. HUD issued Buy
American guidance in Public Housing Notice 2009-31, issued August 21,
2009, see http://www.hud.gov/offices/adm/hudclips/notices/pih/09pihnotices.cfm. OMB is issuing Amendments of Interim Final Guidance
to reflect changes with respect to U.S. international obligations.
Section 1605(d) of the Recovery Act provides that the Buy American
requirement in section 1605 shall be applied in a manner consistent
with U.S. obligations under international agreements. The OMB guidance
provides that the Buy American requirement shall not be applied where
the iron, steel, or manufactured goods used in the project are from a
Party to an international agreement, listed in 2 CFR 176.90(b) and the
recipient is required under an international agreement, described in
the Appendix to Subpart B of 2 CFR 176, to treat the goods and services
of that Party the same as domestic goods and services. As of January 1,
2010, this obligation shall only apply to projects with an estimated
value of $7,804,000 or more and projects that are not specifically
excluded from the application of those agreements. Based on the
recently concluded Agreement between the Government of the United
States of America and the Government of Canada on Government
Procurement (Canada-U.S. Agreement), the Buy American requirement in
section 1605(a) of the Recovery Act will not be applied as a condition
of Recovery Act financing in the Capital Fund Recovery Program with
respect to Canadian iron, steel, or manufactured goods in projects
above $7,804,000. This is effective February 16, 2010 through September
30, 2011. This means that with respect to PHAs in the Capital Fund
Recovery Program, Canadian iron, steel, or manufactured goods in
procurement above the $7,804,000 threshold for construction projects
shall be treated the same as U.S. iron, steel, or manufactured goods
for purposes of the Buy American requirement of section 1605 of the
Recovery Act.
The United States is not undertaking any other commitments with
respect to Capital Fund Recovery Program grants, which means that the
PHAs can continue to apply their procurement procedures that are
consistent with HUD's Recovery Act. PHAs receiving Capital Fund
Recovery Program grant assistance must continue to follow all other
requirements including obligation and expenditure requirements. In
summary, if a PHA has a construction project involving a public work/
building, and is using Capital Fund Recovery Program grant assistance
as a source of funding for this construction project, and the total
construction project has an estimated value of more than $7,804,000,
Canadian-sourced iron, steel and manufactured goods may be used and no
additional HUD exception will be required.
Dated: March 5, 2010.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-7490 Filed 4-1-10; 8:45 am]
BILLING CODE 4210-67-P