[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Notices]
[Pages 9624-9625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3837]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 120110038-2037-01]


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

AGENCY: National Institute of Standards and Technology, U.S. Department 
of Commerce.
SUMMARY: The Department of Commerce, National Institute of Standards 
and Technology is providing notice of a determination of an exception 
to the Buy American Provisions of the American Recovery and 
Reinvestment Act of 2009 (ARRA or Recovery Act), for a heat recovery 
ventilator necessary for a energy residential test facility at NIST.

FOR FURTHER INFORMATION CONTACT: Michael Szwed, Contracting Officer, 
Acquisition Management Division, 301-975-6330, National Institute of 
Standards and Technology, 100 Bureau Drive, Mailstop 1640, 
Gaithersburg, Maryland 20899.

SUPPLEMENTARY INFORMATION: Section 1605 of the Recovery Act (Pub. L. 
111-5) ``prohibits use of recovery funds for a project for the 
construction, alteration,

[[Page 9625]]

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.'' 2 CFR 176.60. However, section 
1605(b)(1) and (2) of the Recovery Act also allow the head of a Federal 
department or agency to issue a ``determination of inapplicability'' of 
these provisions to any procurement of the listed items if the 
restrictions would be inconsistent with the public interest; if the 
iron, steel, or relevant manufactured good is only available at an 
unreasonable cost; or if it is not produced or manufactured in the 
United States in sufficient and reasonably available quantities and of 
a satisfactory quality (``non-availability''). Pursuant to sections 
1605(b)(1) and (2), NIST has determined that the required heat recovery 
ventilator is not available in the United States.
    In September 2010, NIST awarded an American Recovery and 
Reinvestment Act of 2009 (ARRA or Recovery Act) contract in the amount 
of $2,580,110 to Therrien Waddell for the construction of a NETZERO 
Energy Residential Test Facility (NZERTF) at NIST in Gaithersburg, MD. 
The objective of the NZERTF is to demonstrate that a home, similar in 
aesthetics to a home in surrounding communities, can produce as much 
energy on an annual basis as it uses in on-site renewable resources.
    The contract required that the contractor purchase and install one 
Venmar EKO 1.5 heat recovery ventilator (HRV), which was estimated to 
cost $1,600. The specified HRV is manufactured in Germany. An HRV is a 
piece of mechanical equipment that provides mechanical (as opposed to 
natural) ventilation for facilities like the NZERTF and allows the 
building to be sealed tight against air leakage.
    The specified HRV is essential to meet the project objective, as it 
reduces the energy required to heat and cool the home while providing 
acceptable indoor air quality. Without the specified residential-sized 
HRV, the annual energy required for the home exceeds the amount that 
can be produced by the solar panels and thus the facility would not 
meet its design objective of net zero energy on an annual basis.
    Based on NIST's and the contractor's review of the market place and 
various vendors' product availability, NIST determined there were no 
HRVs manufactured in the United States that met the contract 
specifications or NIST's requirements. Pursuant to section 1605, NIST 
has determined that the required heat recovery ventilator is ``not 
available.''

    Authority: Pub. L. 111-5, section 1605.

    Dated: February 13, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012-3837 Filed 2-16-12; 8:45 am]
BILLING CODE 3510-13-P