Part 175—Award Term for Trafficking in Persons

Pt. 175 2 CFR Ch. I (1–1–21 Edition)

PARTS 171–174 [RESERVED] tribe or foreign public entity, if funding could be provided under the award PART 175—AWARD TERM FOR to a private entity as a subrecipient. (b) The award term that an agency TRAFFICKING IN PERSONS must include, as described in paragraph (a) of this section, is: Sec. 175.5 Purpose of this part. I. Trafficking in persons. 175.10 Statutory requirement. a. Provisions applicable to a recipient that is 175.15 Award term. a private entity. 175.20 Referral. 1. You as the recipient, your employees, 175.25 Definitions. subrecipients under this award, and sub- AUTHORITY: 22 U.S.C. 7104(g); 31 U.S.C. 503; recipients’ employees may not— 31 U.S.C. 1111; 41 U.S.C. 405; Reorganization i. Engage in severe forms of trafficking in Plan No. 2 of 1970; E.O. 11541, 35 FR 10737, 3 persons during the period of time that the CFR, 1966–1970, p. 939. award is in effect; ii. Procure a commercial sex act during the SOURCE: 72 FR 63783, Nov. 13, 2007, unless period of time that the award is in effect; or otherwise noted. iii. Use forced labor in the performance of the award or subawards under the award. § 175.5 Purpose of this part. 2. We as the Federal awarding agency may This part establishes a Government- unilaterally terminate this award, without wide award term for grants and cooper- penalty, if you or a subrecipient that is a ative agreements to implement the re- private entity — quirement in paragraph (g) of section i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or 106 of the Trafficking Victims Protec- ii. Has an employee who is determined by tion Act of 2000 (TVPA), as amended (22 the agency official authorized to terminate U.S.C. 7104(g)). the award to have violated a prohibition in paragraph a.1 of this award term through § 175.10 Statutory requirement. conduct that is either— In each agency award (i.e., grant or A. Associated with performance under this cooperative agreement) under which award; or B. Imputed to you or the subrecipient funding is provided to a private entity, using the standards and due process for im- section 106(g) of the TVPA, as amend- puting the conduct of an individual to an or- ed, requires the agency to include a ganization that are provided in 2 CFR part condition that authorizes the agency 180, ‘‘OMB Guidelines to Agencies on Govern- to terminate the award, without pen- mentwide Debarment and Suspension (Non- alty, if the recipient or a sub- procurement),’’ as implemented by our agen- recipient— cy at [agency must insert reference here to its (a) Engages in severe forms of traf- regulatory implementation of the OMB guide- ficking in persons during the period of lines in 2 CFR part 180 (e.g., ‘‘2 CFR part XX’’)]. time that the award is in effect; b. Provision applicable to a recipient other (b) Procures a commercial sex act than a private entity. We as the Federal during the period of time that the awarding agency may unilaterally terminate award is in effect; or this award, without penalty, if a sub- (c) Uses forced labor in the perform- recipient that is a private entity— ance of the award or subawards under 1. Is determined to have violated an appli- the award. cable prohibition in paragraph a.1 of this award term; or § 175.15 Award term. 2. Has an employee who is determined by the agency official authorized to terminate (a) To implement the trafficking in the award to have violated an applicable pro- persons requirement in section 106(g) of hibition in paragraph a.1 of this award term the TVPA, as amended, a Federal through conduct that is either— awarding agency must include the i. Associated with performance under this award term in paragraph (b) of this sec- award; or tion in— ii. Imputed to the subrecipient using the (1) A grant or cooperative agreement standards and due process for imputing the conduct of an individual to an organization to a private entity, as defined in that are provided in 2 CFR part 180, ‘‘OMB § 175.25(d); and Guidelines to Agencies on Governmentwide (2) A grant or cooperative agreement Debarment and Suspension (Nonprocure- to a State, local government, Indian ment),’’ as implemented by our agency at

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[agency must insert reference here to its regu- § 175.20 Referral. latory implementation of the OMB guidelines in 2 CFR part 180 (e.g., ‘‘2 CFR part XX’’)]. An agency official should inform the c. Provisions applicable to any recipient. agency’s suspending or debarring offi- 1. You must inform us immediately of any cial if he or she terminates an award information you receive from any source al- based on a violation of a prohibition leging a violation of a prohibition in para- contained in the award term under graph a.1 of this award term. § 175.15. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this sec- § 175.25 Definitions. tion: i. Implements section 106(g) of the Traf- Terms used in this part are defined as ficking Victims Protection Act of 2000 follows: (TVPA), as amended (22 U.S.C. 7104(g)), and (a) Foreign public entity means: ii. Is in addition to all other remedies for (1) A foreign government or foreign noncompliance that are available to us under governmental entity; this award. (2) A public international organiza- 3. You must include the requirements of tion, which is an organization entitled paragraph a.1 of this award term in any subaward you make to a private entity. to enjoy privileges, exemptions, and d. Definitions. For purposes of this award immunities as an international organi- term: zation under the International Organi- 1. ‘‘Employee’’ means either: zations Immunities Act (22 U.S.C. 288– i. An individual employed by you or a sub- 288f); recipient who is engaged in the performance (3) An entity owned (in whole or in of the project or program under this award; part) or controlled by a foreign govern- or ment; and ii. Another person engaged in the performance of the project or program under this (4) Any other entity consisting whol- award and not compensated by you includ- ly or partially of one or more foreign ing, but not limited to, a volunteer or indi- governments or foreign governmental vidual whose services are contributed by a entities. third party as an in-kind contribution to- (b) Indian tribe means any Indian ward cost sharing or matching requirements. tribe, band, nation, or other organized 2. ‘‘Forced labor’’ means labor obtained by group or community, including any any of the following methods: the recruit- Alaskan Native village or regional or ment, harboring, transportation, provision, or obtaining of a person for labor or services, village corporation (as defined in, or through the use of force, fraud, or coercion established under, the Alaskan Native for the purpose of subjection to involuntary Claims Settlement Act (43 U.S.C. 1601, servitude, peonage, debt bondage, or slavery. et seq.)) that is recognized by the 3. ‘‘Private entity’’: United States as eligible for the special i. Means any entity other than a State, programs and services provided by the local government, Indian tribe, or foreign United States to Indians because of public entity, as those terms are defined in 2 their status as Indians. CFR 175.25. ii. Includes: (c) Local government means a: A. A nonprofit organization, including any (1) County; nonprofit institution of higher education, (2) Borough; hospital, or tribal organization other than (3) Municipality; one included in the definition of Indian tribe (4) City; at 2 CFR 175.25(b). (5) Town; B. A for-profit organization. (6) Township; 4. ‘‘Severe forms of trafficking in persons,’’ (7) Parish; ‘‘commercial sex act,’’ and ‘‘coercion’’ have (8) Local public authority, including the meanings given at section 103 of the any public housing agency under the TVPA, as amended (22 U.S.C. 7102). United States Housing Act of 1937; (c) An agency may use different let- (9) Special district; ters and numbers to designate the (10) School district; paragraphs of the award term in para- (11) Intrastate district; graph (b) of this section, if necessary, (12) Council of governments, whether to conform the system of paragraph or not incorporated as a nonprofit cor- designations with the one used in other poration under State law; and terms and conditions in the agency’s (13) Any other instrumentality of a awards. local government.

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(d) Private entity. (1) This term means 176.100 Timely determination concerning any entity other than a State, local the inapplicability of section 1605 of the government, Indian tribe, or foreign Recovery Act. public entity. 176.110 Evaluating proposals of foreign iron, steel, and/or manufactured goods. (2) This term includes: 176.120 Determinations on late requests. (i) A nonprofit organization, includ- 176.130 Noncompliance. ing any nonprofit institution of higher 176.140 Award term—Required Use of Amer- education, hospital, or tribal organiza- ican Iron, Steel, and Manufactured tion other than one included in the def- Goods—Section 1605 of the American Re- inition of Indian tribe in paragraph (b) covery and Reinvestment Act of 2009. of this section. 176.150 Notice of Required Use of American Iron, Steel, and Manufactured Goods— (ii) A for-profit organization. Section 1605 of the American Recovery (e) State, consistent with the defini- and Reinvestment Act of 2009. tion in section 103 of the TVPA, as 176.160 Award term—Required Use of Amer- amended (22 U.S.C. 7102), means: ican Iron, Steel, and Manufactured Goods (1) Any State of the United States; (covered under International Agree- ments)—Section 1605 of the American Re- (2) The District of Columbia; covery and Reinvestment Act of 2009. (3) Any agency or instrumentality of 176.170 Notice of Required Use of American a State other than a local government Iron, Steel, and Manufactured Goods or State-controlled institution of high- (covered under International Agree- er education; ments)—Section 1605 of the American Re- (4) The Commonwealths of Puerto covery and Reinvestment Act of 2009. Rico and the Northern Mariana Is- APPENDIX TO SUBPART B OF PART 176—U.S. lands; and STATES, OTHER SUB-FEDERAL ENTITIES, AND OTHER ENTITIES SUBJECT TO U.S. OB- (5) The United States Virgin Islands, LIGATIONS UNDER INTERNATIONAL AGREE- Guam, American Samoa, and a terri- MENTS (AS OF FEBRUARY 16, 2010) tory or possession of the United States. Subpart C—Wage Rate Requirements PART 176—AWARD TERMS FOR AS- under Section 1606 of the American SISTANCE AGREEMENTS THAT IN- Recovery and Reinvestment Act of CLUDE FUNDS UNDER THE AMER- 2009 ICAN RECOVERY AND REINVEST- 176.180 Procedure. MENT ACT OF 2009, PUBLIC LAW 176.190 Award term—Wage rate requirements under Section 1606 of the Recovery 111–5 Act.

Sec. Subpart D—Single Audit Information for 176.10 Purpose of this part. Recipients of Recovery Act Funds 176.20 Agency responsibilities (general). 176.30 Definitions. 176.200 Procedure. 176.210 Award term—Recovery Act trans- Subpart A—Reporting and Registration Re- actions listed in Schedule of Expendi- quirements under Section 1512 of the tures of Federal Awards and Recipient Responsibilities for Informing Subrecipi- American Recovery and Reinvestment ents. Act of 2009 AUTHORITY: American Recovery and Rein- 176.40 Procedure. vestment Act of 2009, Public Law 111–5; Fed- 176.50 Award term—Reporting and registra- eral Funding Accountability and Trans- tion requirements under section 1512 of parency Act of 2006, (Pub. L. 109–282), as the Recovery Act. amended. SOURCE: 74 FR 18450, Apr. 23, 2009, unless Subpart B—Buy American Requirement otherwise noted. under Section 1605 of the American Recovery and Reinvestment Act of § 176.10 Purpose of this part. 2009 This part establishes Federal Govern- 176.60 Statutory requirement. mentwide award terms for financial as- 176.70 Policy. sistance awards, namely, grants, coop- 176.80 Exceptions. erative agreements, and loans, to im- 176.90 Acquisitions covered under inter- plement the cross-cutting require- national agreements. ments of the American Recovery and 22

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Reinvestment Act of 2009, Public Law (1)(i) Is owned by, is produced by or 111–5 (Recovery Act). These require- for, or is under the control of the ments are cross-cutting in that they United States Government; or apply to more than one agency’s (ii) Has been classified by the Depart- awards. ment of Energy as privately generated restricted data following the proce- § 176.20 Agency responsibilities (gen- dures in 10 CFR 1045.21; and eral). (2) Must be protected against unau- (a) In any assistance award funded in thorized disclosure according to Execu- whole or in part by the Recovery Act, tive Order 12958, Classified National Se- the award official shall indicate that curity Information, April 17, 1995, or the award is being made under the Re- classified in accordance with the covery Act, and indicate what projects Atomic Energy Act of 1954. and/or activities are being funded Recipient means any entity other under the Recovery Act. This require- than an individual that receives Recov- ment applies whenever Recovery Act ery Act funds in the form of a grant, funds are used, regardless of the assist- cooperative agreement or loan directly ance type. from the Federal Government. (b) To maximize transparency of Re- Recovery funds or Recovery Act funds covery Act funds required for reporting are funds made available through the by the assistance recipient, the award appropriations of the American Recov- official shall consider structuring as- ery and Reinvestment Act of 2009, Pub- sistance awards to allow for separately lic Law 111–5. tracking Recovery Act funds. Subaward means— (c) Award officials shall ensure that (1) A legal instrument to provide sup- recipients comply with the Recovery port for the performance of any portion Act requirements of Subpart A. If the of the substantive project or program recipient fails to comply with the re- for which the recipient received this porting requirements or other award award and that the recipient awards to terms, the award official or other au- an eligible subrecipient; thorized agency action official shall (2) The term does not include the re- take the appropriate enforcement or cipient’s procurement of property and termination action in accordance with services needed to carry out the project 2 CFR 215.62 or the agency’s implemen- or program (for further explanation, tation of the OMB Circular A–102 see §ll.210 of the attachment to OMB grants management common rule. Circular A–133, ‘‘Audits of States, OMB Circular A–102 is available at Local Governments, and Non-Profit Or- http://www.whitehouse.gov/omb/circulars/ ganizations’’). OMB Circular A–133 is a102/a102.html. available at http://www.whitehouse.gov/ (d) The award official shall make the omb/circulars/a133/a133.html. recipient’s failure to comply with the (3) A subaward may be provided reporting requirements a part of the through any legal agreement, including recipient’s performance record. an agreement that the recipient or a subrecipient considers a contract. § 176.30 Definitions. Subcontract means a legal instrument As used in this part— used by a recipient for procurement of Award means any grant, cooperative property and services needed to carry agreement or loan made with Recovery out the project or program. Act funds. Award official means a per- Subrecipient or Subawardee means a son with the authority to enter into, non-Federal entity that expends Fed- administer, and/or terminate financial eral awards received from a pass- assistance awards and make related de- through entity to carry out a Federal terminations and findings. program, but does not include an indi- Classified or ‘‘classified information’’ vidual that is a beneficiary of such a means any knowledge that can be com- program. A subrecipient may also be a municated or any documentary mate- recipient of other Federal awards di- rial, regardless of its physical form or rectly from a Federal awarding agency. characteristics, that— Guidance on distinguishing between a

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subrecipient and a vendor is provided of the Recovery Act using the report- in §ll.210 of OMB Circular A–133. ing instructions and data elements that will be provided online at http:// Subpart A—Reporting and Reg- www.FederalReporting.gov and ensure istration Requirements Under that any information that is pre-filled Section 1512 of the American is corrected or updated as needed. Recovery and Reinvestment Act of 2009 Subpart B—Buy American Re- quirement Under Section 1605 § 176.40 Procedure. of the American Recovery The award official shall insert the and Reinvestment Act of standard award term in this subpart in 2009 all awards funded in whole or in part with Recovery Act funds, except for § 176.60 Statutory requirement. those that are classified, awarded to in- Section 1605 of the Recovery Act pro- dividuals, or awarded under mandatory and entitlement programs, except as hibits use of recovery funds for a specifically required by OMB, or ex- project for the construction, alter- pressly exempted from the reporting ation, maintenance, or repair of a pub- requirement in the Recovery Act. lic building or public work unless all of the iron, steel, and manufactured goods § 176.50 Award term—Reporting and used in the project are produced in the registration requirements under United States. The law requires that section 1512 of the Recovery Act. this prohibition be applied in a manner Agencies are responsible for ensuring consistent with U.S. obligations under that their recipients report informa- international agreements, and it pro- tion required under the Recovery Act vides for waiver under three cir- in a timely manner. The following cumstances: award term shall be used by agencies (a) Iron, steel, or relevant manufac- to implement the recipient reporting tured goods are not produced in the and registration requirements in sec- United States in sufficient and reason- tion 1512: ably available quantities and of a satis- (a) This award requires the recipient factory quality; to complete projects or activities (b) Inclusion of iron, steel, or manu- which are funded under the American factured goods produced in the United Recovery and Reinvestment Act of 2009 States will increase the cost of the (Recovery Act) and to report on use of overall project by more than 25 per- Recovery Act funds provided through cent; or this award. Information from these re- (c) Applying the domestic preference ports will be made available to the would be inconsistent with the public public. interest. (b) The reports are due no later than ten calendar days after each calendar § 176.70 Policy. quarter in which the recipient receives the assistance award funded in whole Except as provided in § 176.80 or or in part by the Recovery Act. § 176.90— (c) Recipients and their first-tier re- (a) None of the funds appropriated or cipients must maintain current reg- otherwise made available by the Re- istrations in the System of Award covery Act may be used for a project Management (http://www.ccr.gov) at all for the construction, alteration, main- times during which they have active tenance, or repair of a public building federal awards funded with Recovery or public work (see definitions at Act funds. A Dun and Bradstreet Data §§ 176.140 and 176.160) unless— Universal Numbering System (DUNS) (1) The public building or public work Number (http://www.dnb.com) is one of is located in the United States; and the requirements for registration in (2) All of the iron, steel, and manu- the System of Award Management. factured goods used in the project are (d) The recipient shall report the in- produced or manufactured in the formation described in section 1512(c) United States.

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(i) Production in the United States of and/or manufactured goods may be the iron or steel used in the project re- used— quires that all manufacturing proc- (1) The award official shall list the esses must take place in the United excepted materials in the award; and States, except metallurgical processes (2) The head of the Federal depart- involving refinement of steel additives. ment or agency shall publish a notice These requirements do not apply to in the FEDERAL REGISTER within two iron or steel used as components or weeks after the determination is made, subcomponents of manufactured goods unless the item has already been deter- used in the project. mined to be domestically nonavailable. (ii) There is no requirement with re- A list of items that are not domesti- gard to the origin of components or cally available is at 48 CFR 25.104(a). subcomponents in manufactured goods The FEDERAL REGISTER notice or infor- used in the project, as long as the man- mation from the notice may be posted ufacturing occurs in the United States. by OMB to Recovery.gov. The notice (b) Paragraph (a) of this section shall shall include— not apply where the Recovery Act re- (i) The title ‘‘Buy American Excep- quires the application of alternative tion under the American Recovery and Buy American requirements for iron, Reinvestment Act of 2009’’; steel, and manufactured goods. (ii) The dollar value and brief description of the project; and § 176.80 Exceptions. (iii) A detailed written justification as to why the restriction is being (a) When one of the following excep- waived. tions applies in a case or category of cases, the award official may allow the § 176.90 Acquisitions covered under recipient to use foreign iron, steel and/ international agreements. or manufactured goods in the project Section 1605(d) of the Recovery Act without regard to the restrictions of provides that the Buy American re- section 1605 of the Recovery Act: quirement in section 1605 shall be ap- (1) Nonavailability. The head of the plied in a manner consistent with U.S. Federal department or agency may de- obligations under international agree- termine that the iron, steel or relevant ments. manufactured good is not produced or (a) The Buy American requirement manufactured in the United States in set out in § 176.70 shall not be applied sufficient and reasonably available where the iron, steel, or manufactured commercial quantities of a satisfactory goods used in the project are from a quality. The determinations of non- Party to an international agreement, availability of the articles listed at 48 listed in paragraph (b) of this section, CFR 25.104(a) and the procedures at 48 and the recipient is required under an CFR 25.103(b)(1) also apply if any of international agreement, described in those articles are manufactured goods the appendix to this subpart, to treat needed in the project. the goods and services of that Party (2) Unreasonable cost. The head of the the same as domestic goods and serv- Federal department or agency may de- ices. As of January 1, 2010, this obliga- termine that the cost of domestic iron, tion shall only apply to projects with steel, or relevant manufactured goods an estimated value of $7,804,000 or more will increase the cost of the overall and projects that are not specifically project by more than 25 percent in ac- excluded from the application of those cordance with § 176.110. agreements. (3) Inconsistent with public interest. (b) The international agreements The head of the Federal department or that obligate recipients that are cov- agency may determine that application ered under an international agreement of the restrictions of section 1605 of the to treat the goods and services of a Recovery Act would be inconsistent Party the same as domestic goods and with the public interest. services and the respective Parties to (b) When a determination is made for the agreements are: any of the reasons stated in this sec- (1) The World Trade Organization tion that certain foreign iron, steel, Government Procurement Agreement

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(Aruba, Austria, Belgium, Bulgaria, § 176.100 Timely determination con- Canada, Chinese Taipei (Taiwan), Cy- cerning the inapplicability of sec- prus, Czech Republic, Denmark, Esto- tion 1605 of the Recovery Act. nia, Finland, France, Germany, Greece, (a) The head of the Federal depart- Hong Kong, Hungary, Iceland, Ireland, ment or agency involved may make a Israel, Italy, Japan, Korea (Republic determination regarding inapplica- of), Latvia, Liechtenstein, Lithuania, bility of section 1605 to a particular Luxembourg, Malta, Netherlands, Nor- case or to a category of cases. way, Poland, Portugal, Romania, (b) Before Recovery Act funds are Singapore, Slovak Republic, Slovenia, awarded by the Federal agency or obli- Spain, Sweden, Switzerland, and gated by the recipient for a project for United Kingdom); the construction, alteration, mainte- (2) The following Free Trade Agree- nance, or repair of a public building or ments: public work, an applicant or recipient (i) Dominican Republic-Central may request from the award official a America-United States Free Trade determination concerning the inappli- Agreement (Costa Rica, Dominican Re- cability of section 1605 of the Recovery public, El Salvador, Guatemala, Hon- Act for specifically identified items. duras, Nicaragua); (c) The time for submitting the re- (ii) North American Free Trade quest and the information and sup- Agreement (NAFTA) (Canada and Mex- porting data that must be included in ico); the request are to be specified in the agency’s and recipient’s request for ap- (iii) United States-Australia Free plications and/or proposals, and as ap- Trade Agreement; propriate, in other written communica- (iv) United States-Bahrain Free tions. The content of those commu- Trade Agreement; nications should be consistent with the (v) United States-Chile Free Trade notice in § 176.150 or § 176.170, whichever Agreement; applies. (vi) United States-Israel Free Trade (d) The award official must evaluate Agreement; all requests based on the information (vii) United States-Morocco Free provided and may supplement this in- Trade Agreement; formation with other readily available (viii) United States-Oman Free Trade information. Agreement; (e) In making a determination based (ix) United States-Peru Trade Pro- on the increased cost to the project of motion Agreement; and using domestic iron, steel, and/or man- (x) United States-Singapore Free ufactured goods, the award official Trade Agreement. must compare the total estimated cost (3) United States-European Commu- of the project using foreign iron, steel nities Exchange of Letters (May 15, and/or relevant manufactured goods to 1995): Austria, Belgium, Bulgaria, Cy- the estimated cost if all domestic iron, prus, Czech Republic, Denmark, Esto- steel, and/or relevant manufactured goods were used. If use of domestic nia, Finland, France, Germany, Greece, iron, steel, and/or relevant manufac- Hungary, Ireland, Italy, Latvia, Lith- tured goods would increase the cost of uania, Luxembourg, Malta, Nether- the overall project by more than 25 per- lands, Poland, Portugal, Romania, Slo- cent, then the award official shall de- vak Republic, Slovenia, Spain, Sweden, termine that the cost of the domestic and United Kingdom; and iron, steel, and/or relevant manufac- (4) Agreement between the Govern- tured goods is unreasonable. ment of Canada and the Government of the United States of America on Gov- § 176.110 Evaluating proposals of for- ernment Procurement. eign iron, steel, and/or manufactured goods. [74 FR 18450, Apr. 23, 2009, as amended at 75 FR 14323, Mar. 25, 2010] (a) If the award official receives a request for an exception based on the cost of certain domestic iron, steel,

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and/or manufactured goods being un- (c) If a determination, under § 176.80 reasonable, in accordance with § 176.80, is made after Recovery Act funds were then the award official shall apply obligated for a project for construc- evaluation factors to the proposal to tion, alteration, maintenance, or repair use such foreign iron, steel, and/or that an exception to section 1605 of the manufactured goods as follows: Recovery Act applies, the award offi- (1) Use an evaluation factor of 25 per- cial must amend the award to allow cent, applied to the total estimated use of the foreign iron, steel, and/or cost of the project, if the foreign iron, relevant manufactured goods. When steel, and/or manufactured goods are to the basis of the exception is nonavail- be used in the project based on an ex- ability or public interest, the amended ception for unreasonable cost requested award shall reflect adjustment of the by the applicant. award amount, redistribution of budg- (2) Total evaluated cost = project eted funds, and/or other appropriate ac- cost estimate + (.25 × project cost esti- tions taken to cover costs associated mate, if paragraph (a)(1) of this section with acquiring or using the foreign applies). iron, steel, and/or manufactured goods. (b) Applicants or recipients also may When the basis for the exception is the submit alternate proposals based on unreasonable cost of domestic iron, use of equivalent domestic iron, steel, steel, and/or manufactured goods the and/or manufactured goods to avoid award official shall adjust the award possible denial of Recovery Act funding amount or the budget, as appropriate, for the proposal if the Federal Govern- by at least the differential established ment determines that an exception per- in § 176.110(a). mitting use of the foreign item(s) does not apply. § 176.130 Noncompliance. (c) If the award official makes an The award official must— award to an applicant that proposed (a) Review allegations of violations foreign iron, steel, and/or manufac- of section 1605 of the Recovery Act; tured goods not listed in the applicable (b) Unless fraud is suspected, notify notice in the request for applications the recipient of the apparent unauthor- or proposals, then the award official ized use of foreign iron, steel, and/or must add the excepted materials to the manufactured goods and request a list in the award term. reply, to include proposed corrective action; and § 176.120 Determinations on late re- (c) If the review reveals that a recipi- quests. ent or subrecipient has used foreign (a) If a recipient requests a deter- iron, steel, and/or manufactured goods mination regarding the inapplicability without authorization, take appro- of section 1605 of the Recovery Act priate action, including one or more of after obligating Recovery Act funds for the following: a project for construction, alteration, (1) Process a determination con- maintenance, or repair (late request), cerning the inapplicability of section the recipient must explain why it could 1605 of the Recovery Act in accordance not request the determination before with § 176.120. making the obligation or why the need (2) Consider requiring the removal for such determination otherwise was and replacement of the unauthorized not reasonably foreseeable. If the foreign iron, steel, and/or manufac- award official concludes that the re- tured goods. cipient should have made the request (3) If removal and replacement of for- before making the obligation, the eign iron, steel, and/or manufactured award official may deny the request. goods used in a public building or a (b) The award official must base eval- public work would be impracticable, uation of any late request for a deter- cause undue delay, or otherwise be det- mination regarding the inapplicability rimental to the interests of the Federal of section 1605 of the Recovery Act on Government, the award official may information required by § 176.150(c) and determine in writing that the foreign (d) or § 176.170(c) and (d) and/or other iron, steel, and/or manufactured goods readily available information. need not be removed and replaced. A

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determination to retain foreign iron, work of, a governmental entity (the steel, and/or manufactured goods does United States; the District of Colum- not constitute a determination that an bia; commonwealths, territories, and exception to section 1605 of the Recov- minor outlying islands of the United ery Act applies, and this should be States; State and local governments; stated in the determination. Further, a and multi-State, regional, or interstate determination to retain foreign iron, entities which have governmental steel, and/or manufactured goods does functions). These buildings and works not affect the Federal Government’s may include, without limitation, right to reduce the amount of the bridges, dams, plants, highways, park- award by the cost of the steel, iron, or ways, streets, subways, tunnels, sew- manufactured goods that are used in ers, mains, power lines, pumping sta- the project or to take enforcement or tions, heavy generators, railways, air- termination action in accordance with ports, terminals, docks, piers, wharves, the agency’s grants management regu- ways, lighthouses, buoys, jetties, lations. breakwaters, levees, and canals, and (4) If the noncompliance is suffi- the construction, alteration, mainte- ciently serious, consider exercising ap- nance, or repair of such buildings and propriate remedies, such as with- works. holding cash payments pending correc- (3) Steel means an alloy that includes tion of the deficiency, suspending or at least 50 percent iron, between .02 terminating the award, and with- and 2 percent carbon, and may include holding further awards for the project. other elements. Also consider preparing and forwarding (b) Domestic preference. (1) This award a report to the agency suspending or term and condition implements Sec- debarring official in accordance with tion 1605 of the American Recovery and the agency’s debarment rule imple- Reinvestment Act of 2009 (Recovery menting 2 CFR part 180. If the non- Act) (Pub. L. 111–5), by requiring that compliance appears to be fraudulent, all iron, steel, and manufactured goods refer the matter to other appropriate used in the project are produced in the agency officials, such as the officer re- United States except as provided in sponsible for criminal investigation. paragraph (b)(3) and (b)(4) of this sec- § 176.140 Award term—Required Use tion and condition. of American Iron, Steel, and Manu- (2) This requirement does not apply factured Goods—Section 1605 of the to the material listed by the Federal American Recovery and Reinvest- Government as follows: ment Act of 2009. llllllllllllllllllllllll When awarding Recovery Act funds for construction, alteration, mainte- [Award official to list applicable excepted ma- nance, or repair of a public building or terials or indicate ‘‘none’’] public work that does not involve iron, steel, and/or manufactured goods cov- (3) The award official may add other ered under international agreements, iron, steel, and/or manufactured goods the agency shall use the award term to the list in paragraph (b)(2) of this described in the following paragraphs: section and condition if the Federal (a) Definitions. As used in this award Government determines that— term and condition— (i) The cost of the domestic iron, (1) Manufactured good means a good steel, and/or manufactured goods would brought to the construction site for in- be unreasonable. The cost of domestic corporation into the building or work iron, steel, or manufactured goods used that has been— in the project is unreasonable when the (i) Processed into a specific form and cumulative cost of such material will shape; or increase the cost of the overall project (ii) Combined with other raw mate- by more than 25 percent; rial to create a material that has dif- (ii) The iron, steel, and/or manufac- ferent properties than the properties of tured good is not produced, or manu- the individual raw materials. factured in the United States in suffi- (2) Public building and public work cient and reasonably available quan- means a public building of, and a public tities and of a satisfactory quality; or

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(iii) The application of the restric- could not have requested the deter- tion of section 1605 of the Recovery Act mination before the funds were obli- would be inconsistent with the public gated. If the recipient does not submit interest. a satisfactory explanation, the award (c) Request for determination of inappli- official need not make a determina- cability of Section 1605 of the Recovery tion. Act. (1)(i) Any recipient request to use (2) If the Federal Government deter- foreign iron, steel, and/or manufac- mines after funds have been obligated tured goods in accordance with para- for a project for construction, alter- graph (b)(3) of this section shall include ation, maintenance, or repair that an adequate information for Federal Gov- exception to section 1605 of the Recov- ernment evaluation of the request, in- ery Act applies, the award official will cluding— amend the award to allow use of the (A) A description of the foreign and foreign iron, steel, and/or relevant domestic iron, steel, and/or manufac- manufactured goods. When the basis tured goods; for the exception is nonavailability or (B) Unit of measure; public interest, the amended award (C) Quantity; shall reflect adjustment of the award (D) Cost; amount, redistribution of budgeted (E) Time of delivery or availability; funds, and/or other actions taken to (F) Location of the project; cover costs associated with acquiring (G) Name and address of the proposed or using the foreign iron, steel, and/or supplier; and relevant manufactured goods. When (H) A detailed justification of the the basis for the exception is the unreason for use of foreign iron, steel, reasonable cost of the domestic iron, and/or manufactured goods cited in ac- steel, or manufactured goods, the cordance with paragraph (b)(3) of this award official shall adjust the award section. amount or redistribute budgeted funds (ii) A request based on unreasonable by at least the differential established cost shall include a reasonable survey in 2 CFR 176.110(a). of the market and a completed cost (3) Unless the Federal Government comparison table in the format in para- determines that an exception to sec- graph (d) of this section. tion 1605 of the Recovery Act applies, (iii) The cost of iron, steel, and/or use of foreign iron, steel, and/or manu- manufactured goods material shall in- factured goods is noncompliant with clude all delivery costs to the construc- section 1605 of the American Recovery tion site and any applicable duty. and Reinvestment Act. (iv) Any recipient request for a deter- (d) Data. To permit evaluation of re- mination submitted after Recovery Act quests under paragraph (b) of this sec- funds have been obligated for a project tion based on unreasonable cost, the for construction, alteration, mainte- Recipient shall include the following nance, or repair shall explain why the information and any applicable sup- recipient could not reasonably foresee porting data based on the survey of the need for such determination and suppliers:

FOREIGN AND DOMESTIC ITEMS COST COMPARISON

Unit of Cost Description measure Quantity (dollars)*

Item 1:. Foreign steel, iron, or manufactured good ...... lllll lllll lllll Domestic steel, iron, or manufactured good ...... lllll lllll lllll Item 2:. Foreign steel, iron, or manufactured good ...... lllll lllll lllll Domestic steel, iron, or manufactured good ...... lllll lllll lllll [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site.]

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§ 176.150 Notice of Required Use of eign iron, steel, and/or manufactured American Iron, Steel, and Manufac- goods not listed by the Federal Govern- tured Goods—Section 1605 of the ment at 2 CFR 176.140(b)(2), the appli- American Recovery and Reinvest- cant also may submit an alternate pro- ment Act of 2009. posal based on use of equivalent domes- When requesting applications or pro- tic iron, steel, and/or manufactured posals for Recovery Act programs or goods. activities that may involve construc- (2) If an alternate proposal is sub- tion, alteration, maintenance, or repair mitted, the applicant shall submit a of a public building or public work, and separate cost comparison table pre- do not involve iron, steel, and/or manu- pared in accordance with 2 CFR factured goods covered under inter- 176.140(c) and (d) for the proposal that national agreements, the agency shall is based on the use of any foreign iron, use the notice described in the fol- steel, and/or manufactured goods for lowing paragraphs in their solicita- which the Federal Government has not tions: yet determined an exception applies. (a) Definitions. Manufactured good, (3) If the Federal Government deter- public building and public work, and mines that a particular exception re- steel, as used in this notice, are defined quested in accordance with 2 CFR in the 2 CFR 176.140. 176.140(b) does not apply, the Federal (b) Requests for determinations of inap- Government will evaluate only those plicability. A prospective applicant re- proposals based on use of the equiva- questing a determination regarding the lent domestic iron, steel, and/or manu- inapplicability of section 1605 of the factured goods, and the applicant shall American Recovery and Reinvestment be required to furnish such domestic Act of 2009 (Pub. L. 111–5) (Recovery items. Act) should submit the request to the § 176.160 Award term—Required Use award official in time to allow a deter- of American Iron, Steel, and Manu- mination before submission of applica- factured Goods (covered under tions or proposals. The prospective ap- International Agreements)—Section plicant shall include the information 1605 of the American Recovery and and applicable supporting data re- Reinvestment Act of 2009. quired by paragraphs at 2 CFR When awarding Recovery Act funds 176.140(c) and (d) in the request. If an for construction, alteration, mainte- applicant has not requested a deter- nance, or repair of a public building or mination regarding the inapplicability public work that involves iron, steel, of 1605 of the Recovery Act before sub- and/or manufactured goods materials mitting its application or proposal, or covered under international agree- has not received a response to a pre- ments, the agency shall use the award vious request, the applicant shall in- term described in the following para- clude the information and supporting graphs: data in the application or proposal. (a) Definitions. As used in this award (c) Evaluation of project proposals. If term and condition— the Federal Government determines Designated country—(1) A World Trade that an exception based on unreason- Organization Government Procurement able cost of domestic iron, steel, and/or Agreement country (Aruba, Austria, manufactured goods applies, the Fed- Belgium, Bulgaria, Canada, Chinese eral Government will evaluate a Taipei (Taiwan), Cyprus, Czech Repub- project requesting exception to the re- lic, Denmark, Estonia, Finland, quirements of section 1605 of the Re- France, Germany, Greece, Hong Kong, covery Act by adding to the estimated Hungary, Iceland, Ireland, Israel, Italy, total cost of the project 25 percent of Japan, Korea (Republic of), Latvia, the project cost, if foreign iron, steel, Liechtenstein, Lithuania, Luxembourg, or manufactured goods are used in the Malta, Netherlands, Norway, Poland, project based on unreasonable cost of Portugal, Romania, Singapore, Slovak comparable manufactured domestic Republic, Slovenia, Spain, Sweden, iron, steel, and/or manufactured goods. Switzerland, and United Kingdom; (d) Alternate project proposals. (1) (2) A Free Trade Agreement (FTA) When a project proposal includes for- country (Australia, Bahrain, Canada,

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Chile, Costa Rica, Dominican Republic, (2) Combined with other raw material El Salvador, Guatemala, Honduras, to create a material that has different Israel, Mexico, Morocco, Nicaragua, properties than the properties of the Oman, Peru, or Singapore); individual raw materials. (3) A United States-European Com- Public building and public work means munities Exchange of Letters (May 15, a public building of, and a public work 1995) country: Austria, Belgium, Bul- of, a governmental entity (the United garia, Cyprus, Czech Republic, Den- States; the District of Columbia; com- mark, Estonia, Finland, France, Ger- monwealths, territories, and minor many, Greece, Hungary, Ireland, Italy, outlying islands of the United States; Latvia, Lithuania, Luxembourg, Malta, State and local governments; and Netherlands, Poland, Portugal, Roma- multi-State, regional, or interstate en- nia, Slovak Republic, Slovenia, Spain, tities which have governmental func- Sweden, and United Kingdom; or tions). These buildings and works may (4) An Agreement between Canada include, without limitation, bridges, and the United States of America on dams, plants, highways, parkways, Government Procurement country streets, subways, tunnels, sewers, (Canada). mains, power lines, pumping stations, Designated country iron, steel, and/or heavy generators, railways, airports, manufactured goods—(1) Is wholly the terminals, docks, piers, wharves, ways, growth, product, or manufacture of a lighthouses, buoys, jetties, break- designated country; or waters, levees, and canals, and the con- (2) In the case of a manufactured struction, alteration, maintenance, or good that consist in whole or in part of repair of such buildings and works. materials from another country, has Steel means an alloy that includes at been substantially transformed in a least 50 percent iron, between .02 and 2 designated country into a new and dif- percent carbon, and may include other ferent manufactured good distinct from elements. the materials from which it was trans- (b) Iron, steel, and manufactured goods. formed. (1) The award term and condition de- Domestic iron, steel, and/or manufac- scribed in this section implements— tured good—(1) Is wholly the growth, (i) Section 1605(a) of the American product, or manufacture of the United Recovery and Reinvestment Act of 2009 States; or (Pub. L. 111–5) (Recovery Act), by re- (2) In the case of a manufactured quiring that all iron, steel, and manu- good that consists in whole or in part factured goods used in the project are of materials from another country, has produced in the United States; and been substantially transformed in the (ii) Section 1605(d), which requires United States into a new and different application of the Buy American re- manufactured good distinct from the quirement in a manner consistent with materials from which it was trans- U.S. obligations under international formed. There is no requirement with agreements. The restrictions of section regard to the origin of components or 1605 of the Recovery Act do not apply subcomponents in manufactured goods to designated country iron, steel, and/ or products, as long as the manufac- or manufactured goods. The Buy Amer- ture of the goods occurs in the United ican requirement in section 1605 shall States. not be applied where the iron, steel or Foreign iron, steel, and/or manufac- manufactured goods used in the project tured good means iron, steel and/or are from a Party to an international manufactured good that is not domes- agreement that obligates the recipient tic or designated country iron, steel, to treat the goods and services of that and/or manufactured good. Party the same as domestic goods and Manufactured good means a good services. As of January 1, 2010, this ob- brought to the construction site for in- ligation shall only apply to projects corporation into the building or work with an estimated value of $7,804,000 or that has been— more. (1) Processed into a specific form and (2) The recipient shall use only do- shape; or mestic or designated country iron,

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steel, and manufactured goods in per- cordance with paragraph (b)(4) of this forming the work funded in whole or section. part with this award, except as pro- (ii) A request based on unreasonable vided in paragraphs (b)(3) and (b)(4) of cost shall include a reasonable survey this section. of the market and a completed cost (3) The requirement in paragraph comparison table in the format in para- (b)(2) of this section does not apply to graph (d) of this section. the iron, steel, and manufactured goods (iii) The cost of iron, steel, or manu- listed by the Federal Government as factured goods shall include all deliv- follows: ery costs to the construction site and llllllllllllllllllllllll any applicable duty. [Award official to list applicable excepted ma- (iv) Any recipient request for a deter- terials or indicate ‘‘none’’] mination submitted after Recovery Act funds have been obligated for a project (4) The award official may add other for construction, alteration, mainte- iron, steel, and manufactured goods to nance, or repair shall explain why the the list in paragraph (b)(3) of this sec- recipient could not reasonably foresee tion if the Federal Government deter- the need for such determination and mines that— could not have requested the deter- (i) The cost of domestic iron, steel, and/or manufactured goods would be mination before the funds were obli- unreasonable. The cost of domestic gated. If the recipient does not submit iron, steel, and/or manufactured goods a satisfactory explanation, the award used in the project is unreasonable official need not make a determina- when the cumulative cost of such mation. terial will increase the overall cost of (2) If the Federal Government deter- the project by more than 25 percent; mines after funds have been obligated (ii) The iron, steel, and/or manufac- for a project for construction, alter- tured good is not produced, or manu- ation, maintenance, or repair that an factured in the United States in suffi- exception to section 1605 of the Recov- cient and reasonably available com- ery Act applies, the award official will mercial quantities of a satisfactory amend the award to allow use of the quality; or foreign iron, steel, and/or relevant (iii) The application of the restric- manufactured goods. When the basis tion of section 1605 of the Recovery Act for the exception is nonavailability or would be inconsistent with the public public interest, the amended award interest. shall reflect adjustment of the award (c) Request for determination of inappli- amount, redistribution of budgeted cability of section 1605 of the Recovery funds, and/or other appropriate actions Act or the Buy American Act. (1)(i) Any taken to cover costs associated with recipient request to use foreign iron, acquiring or using the foreign iron, steel, and/or manufactured goods in ac- steel, and/or relevant manufactured cordance with paragraph (b)(4) of this goods.. When the basis for the excep- section shall include adequate information is the unreasonable cost of the do- tion for Federal Government evalua- mestic iron, steel, or manufactured tion of the request, including— goods, the award official shall adjust (A) A description of the foreign and domestic iron, steel, and/or manufac- the award amount or redistribute budg- tured goods; eted funds, as appropriate, by at least (B) Unit of measure; the differential established in 2 CFR (C) Quantity; 176.110(a). (D) Cost; (3) Unless the Federal Government (E) Time of delivery or availability; determines that an exception to sec- (F) Location of the project; tion 1605 of the Recovery Act applies, (G) Name and address of the proposed use of foreign iron, steel, and/or manu- supplier; and factured goods other than designated (H) A detailed justification of the country iron, steel, and/or manufac- reason for use of foreign iron, steel, tured goods is noncompliant with the and/or manufactured goods cited in ac- applicable Act.

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(d) Data. To permit evaluation of re- information and any applicable sup- quests under paragraph (b) of this sec- porting data based on the survey of tion based on unreasonable cost, the suppliers: applicant shall include the following

FOREIGN AND DOMESTIC ITEMS COST COMPARISON

Unit of Cost Description measure Quantity (dollars)*

Item 1: Foreign steel, iron, or manufactured good ...... lllll lllll lllll Domestic steel, iron, or manufactured good ...... lllll lllll lllll Item 2: Foreign steel, iron, or manufactured good ...... lllll lllll lllll Domestic steel, iron, or manufactured good ...... lllll lllll lllll [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site.]

[74 FR 18450, Apr. 23, 2009, as amended at 75 FR 14323, Mar. 25, 2010]

§ 176.170 Notice of Required Use of Recovery Act before submitting its ap- American Iron, Steel, and Manufac- plication or proposal, or has not re- tured Goods (covered under Inter- ceived a response to a previous request, national Agreements)—Section 1605 the applicant shall include the infor- of the American Recovery and Rein- mation and supporting data in the ap- vestment Act of 2009. plication or proposal. When requesting applications or pro- (c) Evaluation of project proposals. If posals for Recovery Act programs or the Federal Government determines activities that may involve construc- that an exception based on unreason- tion, alteration, maintenance, or repair able cost of domestic iron, steel, and/or of a public building or public work, and manufactured goods applies, the Fed- involve iron, steel, and/or manufac- eral Government will evaluate a tured goods covered under inter- project requesting exception to the re- national agreements, the agency shall quirements of section 1605 of the Re- use the notice described in the fol- covery Act by adding to the estimated lowing paragraphs in the solicitation: total cost of the project 25 percent of (a) Definitions. Designated country the project cost if foreign iron, steel, or iron, steel, and/or manufactured goods, manufactured goods are used based on foreign iron, steel, and/or manufactured unreasonable cost of comparable do- good, manufactured good, public building mestic iron, steel, or manufactured and public work, and steel, as used in goods. this provision, are defined in 2 CFR (d) Alternate project proposals. (1) 176.160(a). When a project proposal includes for- (b) Requests for determinations of inap- eign iron, steel, and/or manufactured plicability. A prospective applicant re- goods, other than designated country questing a determination regarding the iron, steel, and/or manufactured goods, inapplicability of section 1605 of the that are not listed by the Federal Gov- American Recovery and Reinvestment ernment in this Buy American notice Act of 2009 (Pub. L. 111–5) (Recovery in the request for applications or pro- Act) should submit the request to the posals, the applicant may submit an al- award official in time to allow a deter- ternate proposal based on use of equiv- mination before submission of applica- alent domestic or designated country tions or proposals. The prospective ap- iron, steel, and/or manufactured goods. plicant shall include the information (2) If an alternate proposal is sub- and applicable supporting data re- mitted, the applicant shall submit a quired by 2 CFR 176.160 (c) and (d) in separate cost comparison table pre- the request. If an applicant has not re- pared in accordance with paragraphs 2 quested a determination regarding the CFR 176.160(c) and (d) for the proposal inapplicability of section 1605 of the that is based on the use of any foreign

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iron, steel, and/or manufactured goods Government will evaluate only those for which the Federal Government has proposals based on use of the equiva- not yet determined an exception ap- lent domestic or designated country plies. iron, steel, and/or manufactured goods, (3) If the Federal Government deter- and the applicant shall be required to mines that a particular exception re- furnish such domestic or designated quested in accordance with 2 CFR country items. 176.160(b) does not apply, the Federal

APPENDIX TO SUBPART B OF 2 CFR PART 176—U.S. STATES, OTHER SUB-FEDERAL ENTITIES, AND OTHER ENTITIES SUBJECT TO U.S. OBLIGATIONS UNDER INTER- NATIONAL AGREEMENTS (AS OF FEBRUARY 16, 2010)

Relevant international agree- States Entities covered Exclusions ments

Arizona ...... Executive branch agencies ...... —WTO GPA. —U.S.-Chile FTA. —U.S.-Singapore FTA. Arkansas ...... Executive branch agencies, Construction services ...... —WTO GPA. including universities but —DR-CAFTA. excluding the Office of Fish —U.S.-Australia FTA. and Game. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. California ...... Executive branch agencies ...... —WTO GPA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Singapore FTA. Colorado ...... Executive branch agencies ...... —WTO GPA. —DR-CAFTA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. Connecticut ...... —Department of Administra- ...... —WTO GPA. tive Services —DR-CAFTA. —Department of Transpor- —U.S.-Australia FTA. tation.. —U.S.-Chile FTA. —Department of Public —U.S.-Morocco FTA. Works.. —U.S.-Singapore FTA. —Constituent Units of Higher Education. Delaware ...... —Administrative Services Construction-grade steel (in- —WTO GPA. (Central Procurement cluding requirements on —DR-CAFTA (except Hon- Agency). subcontracts); motor vehi- duras). —State Universities. cles; coal. —U.S.-Australia FTA. —State Colleges. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Florida ...... Executive branch agencies .... Construction-grade steel (in- —WTO GPA. cluding requirements on —DR-CAFTA. subcontracts); motor vehi- —U.S.-Australia FTA. cles; coal. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. Georgia ...... —Department of Administra- Beef; compost; mulch ...... —U.S.-Australia FTA. tive Services. —Georgia Technology Au- thority. Hawaii ...... Department of Accounting Software developed in the —WTO GPA. and General Services. State; construction. —DR-CAFTA (except Hon- duras). —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA.

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Relevant international agree- States Entities covered Exclusions ments

Idaho ...... Central Procurement Agency ...... —WTO GPA. (including all colleges and —DR-CAFTA (except Hon- universities subject to cen- duras). tral purchasing oversight). —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Illinois ...... —Department of Central Man- Construction-grade steel (in- —WTO GPA. agement Services. cluding requirements on —U.S.-Australia FTA. subcontracts); motor vehi- —U.S.-Chile FTA. cles; coal. —U.S.-Peru TPA. —U.S.-Singapore FTA. —U.S.-EC. Exchange of Letters (applies to EC Member States for procurement not covered by WTO GPA and only where the State considers out-of-State suppliers). Iowa ...... —Department of General Construction-grade steel (in- —WTO GPA. Services cluding requirements on —U.S.-Chile FTA. —Department of Transpor- subcontracts); motor vehi- —U.S.-Singapore FTA. tation. cles; coal. —Board of Regents’ Institu- tions (universities). Kansas ...... Executive branch agencies .... Construction services; auto- —WTO GPA. mobiles; aircraft. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Kentucky ...... Division of Purchases, Fi- Construction projects ...... —WTO GPA. nance and Administration —DR-CAFTA. Cabinet. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Louisiana ...... Executive branch agencies ...... —WTO GPA. —DR-CAFTA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Maine ...... —Department of Administra- Construction-grade steel (in- —WTO GPA. tive and Financial Services cluding requirements on —U.S.-Australia FTA. —Bureau of General Services subcontracts); motor vehi- —U.S.-Chile FTA. (covering State government cles; coal. —U.S.-Singapore FTA. agencies and school construction). — Department of Transpor- tation.. Maryland ...... —Office of the Treasury Construction-grade steel (in- —WTO GPA. —Department of the Environ- cluding requirements on —DR-CAFTA. ment.. subcontracts); motor vehi- —U.S.-Australia FTA. —Department of General cles; coal. —U.S.-Chile FTA. Services.. —U.S.-Morocco FTA. —Department of Housing and —U.S.-Singapore FTA. Community Development.. —Department of Human Re- sources.. —Department of Licensing and Regulation.. —Department of Natural Re- sources.. —Department of Public Safe- ty and Correctional Serv- ices.. —Department of Personnel. .. —Department of Transpor- tation.. Massachusetts ...... —Executive Office for Admin- ...... —WTO GPA. istration and Finance. —U.S.-Chile FTA.

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Relevant international agree- States Entities covered Exclusions ments

—Executive Office of Com- —U.S.-Singapore FTA. munities and Development. —Executive Office of Con- sumer Affairs. —Executive Office of Eco- nomic Affairs. —Executive Office of Edu- cation. —Executive Office of Elder Affairs. —Executive Office of Environ- mental Affairs. —Executive Office of Health and Human Service. —Executive Office of Labor. —Executive Office of Public Safety. —Executive Office of Trans- portation and Construction. Michigan ...... Department of Management Construction-grade steel (in- —WTO GPA. and Budget. cluding requirements on —U.S.-Australia FTA. subcontracts); motor vehi- —U.S.-Chile FTA. cles; coal. —U.S.-Singapore FTA. Minnesota ...... Executive branch agencies ...... —WTO GPA. —U.S.-Chile FTA. —U.S.-Singapore FTA. Mississippi ...... Department of Finance and Services ...... —WTO GPA. Administration. —DR-CAFTA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. Missouri ...... —Office of Administration ...... —WTO GPA. —Division of Purchasing and —U.S.-Chile FTA. Materials Management. —U.S.-Singapore FTA. Montana ...... Executive branch agencies .... Goods ...... —WTO GPA. —U.S.-Chile FTA. —U.S.-Singapore FTA. Nebraska ...... Central Procurement Agency ...... —WTO GPA. —DR-CAFTA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. New Hampshire ...... Central Procurement Agency Construction-grade steel (in- —WTO GPA. cluding requirements on —DR-CAFTA. subcontracts), motor vehi- —U.S.-Australia FTA. cles; coal. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. New York ...... —State agencies Construction-grade steel (in- —WTO GPA. —State university system. cluding requirements on —DR-CAFTA. —Public authorities and pub- subcontracts); motor vehi- —U.S.-Australia FTA. lic benefit corporations, with cles; coal; transit cars, —U.S.-Chile FTA. the exception of those enti- buses and related equip- —U.S.-Morocco FTA. ties with multi-State man- ment. —U.S.-Peru TPA. dates. —U.S.-Singapore FTA. North Dakota ...... —U.S.-EC Exchange of Let- ters (applies to EC Member States and only where the State considers out-of-State suppliers). Oklahoma ...... Department of Central Serv- Construction services; con- —WTO GPA. ices and all State agencies struction-grade steel (in- —U.S.-Australia FTA. and departments subject to cluding requirements on —U.S.-Chile FTA. the Oklahoma Central Pur- subcontracts); motor vehi- —U.S.-Peru TPA. chasing Act. cles; coal. —U.S.-Singapore FTA. Oregon ...... Department of Administrative ...... —WTO GPA. Services. —DR-CAFTA (except Hon- duras). —U.S.-Australia FTA. —U.S.-Chile FTA.

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Relevant international agree- States Entities covered Exclusions ments

—U.S.-Morocco FTA. —U.S.-Singapore FTA. Pennsylvania ...... Executive branch agencies, Construction-grade steel (in- —WTO GPA. including: cluding requirements on —U.S.-Australia FTA. —Governor’s Office. subcontracts); motor vehi- —U.S.-Chile FTA. —Department of the Auditor cles; coal. —U.S.-Singapore FTA. General.. —Treasury Department. —Department of Agriculture. —Department of Banking. —Pennsylvania Securities Commission. —Department of Health. —Department of Transpor- tation. —Insurance Department. —Department of Aging. —Department of Correction. —Department of Labor and Industry. —Department of Military Af- fairs. —Office of Attorney General. —Department of General Services. —Department of Education. —Public Utility Commission. —Department of Revenue. —Department of State. —Pennsylvania State Police. —Department of Public Wel- fare. —Fish Commission. —Game Commission. —Department of Commerce. —Board of Probation and Pa- role. —Liquor Control Board. —Milk Marketing Board. —Lieutenant Governor’s Of- fice. —Department of Community Affairs. —Pennsylvania Historical and Museum Commission. —Pennsylvania Emergency Management Agency. —State Civil Service Commis- sion. —Pennsylvania Public Tele- vision Network. —Department of Environ- mental Resources. —State Tax Equalization Board. —Department of Public Wel- fare. —State Employees’ Retire- ment System. —Pennsylvania Municipal Re- tirement Board. —Public School Employees’ Retirement System. —Pennsylvania Crime Com- mission. —Executive Offices. Rhode Island ...... Executive branch agencies .... Boats, automobiles, buses —WTO GPA. and related equipment. —DR-CAFTA (except Hon- duras). —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA.

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Relevant international agree- States Entities covered Exclusions ments

South Dakota ...... Central Procuring Agency (in- Beef ...... —WTO GPA. cluding universities and —DR-CAFTA. penal institutions). —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Tennessee ...... Executive branch agencies .... Services; construction ...... —WTO GPA-U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Singapore FTA. Texas ...... Texas Building and Procure- ...... —WTO GPA. ment Commission. —DR-CAFTA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. Utah ...... Executive branch agencies ...... —WTO GPA. —DR-CAFTA (except Hon- duras). —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. Vermont ...... Executive branch agencies ...... —WTO GPA. —DR-CAFTA. —U.S.-Australia FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Singapore FTA. Washington ...... Executive branch agencies, Fuel; paper products; boats; —WTO GPA. including: ships; and vessels. —DR-CAFTA. —General Administration. —U.S.-Australia FTA. —Department of Transpor- —U.S.-Chile FTA. tation. —U.S.-Morocco FTA. —State Universities. —U.S.-Singapore FTA. West Virginia ...... —U.S.-EC Exchange of Let- ters (applies to EC Member States and only where the State considers out-of-State suppliers). Wisconsin ...... Executive branch agencies, ...... —WTO GPA. including: —U.S.-Chile FTA. —Department of Administra- —U.S.-Singapore FTA. tion. —State Correctional Institu- tions. —Department of Develop- ment. —Educational Communica- tions Board. —Department of Employment Relations. —State Historical Society. —Department of Health and Social Services. —Insurance Commissioner. —Department of Justice. —Lottery Board. —Department of Natural Re- sources. —Administration for Public In- struction. —Racing Board. —Department of Revenue. —State Fair Park Board. —Department of Transpor- tation. —State University System.

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Relevant international agree- States Entities covered Exclusions ments

Wyoming ...... —Procurement Services Divi- Construction-grade steel (in- —WTO GPA. sion cluding requirements on —DR-CAFTA. —Wyoming Department of subcontracts); motor vehi- —U.S.-Australia FTA. Transportation. cles; coal. —U.S.-Chile FTA. —University of Wyoming. —U.S.-Morocco FTA. —U.S.-Singapore FTA.

Other sub-federal entities Entities covered Exclusions Relevant international agreements

Puerto Rico ...... —Department of State Construction services ...... —DR-CAFTA. —Department of Justice. —U.S.-Peru TPA. —Department of the Treas- —Department of Economic ury. Development and Com- ...... merce. —Department of Labor and Human Resources. —Department of Natural and Environmental Resources. —Department of Consumer Affairs. —Department of Sports and Recreation. Port Authority of New York and ...... Restrictions attached to Fed- —WTO GPA (except Can- New Jersey. eral funds for airport ada). projects; maintenance, re- —U.S.-Chile FTA. pair and operating materials —U.S.-Singapore FTA. and supplies. Port of Baltimore ...... Restrictions attached to Fed- —WTO GPA (except Can- eral funds for airport ada). projects. —U.S.-Chile FTA. —U.S.-Singapore FTA. New York Power Authority ...... Restrictions attached to Fed- —WTO GPA (except Can- eral funds for airport ada). projects; conditions speci- —U.S.-Chile FTA. fied for the State of New —U.S.-Singapore FTA. York Massachusetts Port Authority ...... U.S.-EC Exchange of Letters (applies to EC Member States and only where the Port Authority considers out-of-State suppliers). Boston, Chicago, Dallas, De- ...... U.S.-EC Exchange of Letters troit, Indianapolis, Nashville, (only applies to EC Member and San Antonio. States and where the city considers out-of-city suppliers).

Other entities Entities covered Exclusions Relevant international agreements

Rural Utilities Service (waiver Any recipient ...... —WTO GPA. of Buy American restriction —DR-CAFTA. on financing for all power —NAFTA. generation projects). —U.S.-Australia FTA. —U.S.-Bahrain FTA. —U.S.-Chile FTA. —U.S.-Morocco FTA. —U.S.-Oman FTA. —U.S.-Peru TPA. —U.S.-Singapore FTA. Rural Utilities Service (waiver Any recipient ...... —NAFTA. of Buy American restriction —U.S.-Israel FTA. on financing for tele- communications projects).

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Relevant international agree- States Entities covered Exclusions ments

U.S. Department of Agri- Any recipient ...... U.S.-Canada Agreement. culture, Rural Utilities Serv- ices, Water and Waste Dis- posal Programs (exclusion of Canadian iron, steel and manufactured products from domestic purchasing restriction in Section 1605 of American Recovery and Re- investment Act of 2009). U.S. Department of Agri- Any recipient ...... U.S.-Canada Agreement. culture, Rural Housing Serv- ice, Community Facilities Program (exclusion of Cana- dian iron, steel and manufactured products from domestic purchasing restriction in Section 1605 of American Recovery and Reinvestment Act of 2009). U.S. Department of Energy, Any recipient ...... U.S.-Canada Agreement. Office of Energy Efficiency and Renewable Energy, En- ergy Efficiency and Con- servation Block Grants (exclusion of Canadian iron, steel and manufactured products from domestic purchasing restriction in Section 1605 of American Recovery and Reinvestment Act of 2009). U.S. Department of Energy, Any recipient ...... U.S.-Canada Agreement. Office of Energy Efficiency and Renewable Energy, State Energy Program (exclusion of Canadian iron, steel and manufactured products from domestic purchasing restriction in Section 1605 of American Recovery and Reinvestment Act of 2009 (ARRA). U.S. Department of Housing Any recipient ...... U.S.-Canada Agreement. and Urban Development, Of- fice of Community Planning and Development, Commu- nity Development Block Grants Recovery (CDBG–R) (exclusion of Canadian iron, steel and manufactured products from domestic purchasing restriction in Section 1605 of American Recovery and Reinvestment Act of 2009). U.S. Department of Housing Any recipient ...... U.S.-Canada Agreement. and Urban Development, Of- fice of Public and Indian Housing, Public Housing Capital Fund (exclusion of Canadian iron, steel and manufactured products from domestic purchasing restriction in Section 1605 of American Recovery and Re- investment Act of 2009).

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