[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30966-30967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12997]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Buy American Exception Under the American Recovery and 
Reinvestment Act of 2009

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of approval.

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SUMMARY: This notice provides information regarding the Bureau of 
Reclamation (Reclamation) approval of the Buy American waiver requested 
by the Deschutes River Conservancy (DRC) to purchase foreign-produced 
ductile iron flanges also known as bolt rings used to connect high-
density polyethylene (HDPE) and polyvinyl chloride (PVC) pipe as part 
of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for 
Three Sisters Irrigation District (TSID) Phase III--Main Canal piping 
project located in Sisters, Oregon. These ductile iron flanges are not 
available in the United States and are necessary for the construction 
of the TSID project and associated construction schedule. The DRC and 
TSID engineers conducted market research for the domestic ductile iron 
flange production industry and determined there is currently no 
domestic availability for ductile iron flanges for use with HDPE and 
PVC pipe.

DATES: The effective date of the Buy American Waiver approval was May 
11, 2011.

FOR FURTHER INFORMATION CONTACT: Wilson Orvis, Financial Assistance 
Analyst--Acquisition and Assistance Management Division, Bureau of 
Reclamation, Denver Federal Center, Building 56, Room 1013, P.O. Box 
25007 (84-27820), Denver, CO 80225-0007. Telephone: (303) 445-2444, or 
via e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Congress has enacted a Buy American provision which requires 
manufactured goods permanently incorporated into a project funded with 
American Recovery and Reinvestment Act of 2009 (ARRA) funds to be 
produced in the United States. The application of Buy American is 
triggered by the obligation of Federal ARRA funds to a project. Once 
ARRA funds are obligated to a project, then all iron, steel, and 
manufactured goods incorporated into the project must be produced in 
the United States.
    Under 2 CFR 176.80(a), the head of the Federal department or agency 
may waive the Buy American requirements for specific products on an 
ARRA funded construction project when Buy American is inconsistent with 
the public interest; such materials and products are not produced in 
the United States in sufficient and reasonably available quantities and 
of satisfactory quality; or inclusion of domestic material will 
increase the cost of the overall project contract by more than 25 
percent.
    The waiver process is initiated by a requesting organization when 
it believes that a waiver is warranted pursuant to any of the three 
waiver provisions under 2 CFR 176.80(a). The DRC submitted a Buy 
American waiver request based on the waiver provision under 2 CFR 
176.80(a)(1)--Nonavailability. The project requirements specified the 
use of ductile iron flanges that were determined through industry 
research conducted by DRC and TSID to not be domestically available. 
Based on the confirmation that these ductile iron flanges used with 
HDPE pipe are not currently available, Reclamation approved the Buy 
American waiver request.

[[Page 30967]]

    Reclamation's publication of its Buy American decision is required 
pursuant to the Buy American Act, 2 CFR 176.80(b)(2).
    Upon publication of this Federal Register notice, Reclamation is 
notifying the public of the decision to approve the Buy American waiver 
requested by the DRC to purchase foreign ductile iron flanges as part 
of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for 
the TSID Phase III Main Canal piping project located in Sisters, 
Oregon.

    Dated: May 20, 2011.
Grayford F. Payne,
Deputy Commissioner--Policy, Administration and Budget, Bureau of 
Reclamation.
[FR Doc. 2011-12997 Filed 5-26-11;8:45 am]
BILLING CODE 4310-MN-P