R2026-206 Resolution Approving Acceptance of FEMA Assistance to Firefighters Grant Funds for Diesel Exhaust Systems

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Article 31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2)The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project.As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (3)Waivers.When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.The agency should notify the recipient for information on the process for requesting a waiver from these requirements.a.When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: i.applying the domestic content procurement preference would be inconsistent with the public interest; ii.the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;or iii.the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%.b.A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents,and supporting materials required for any waiver request.Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.c.There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at"Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure FEMA.gov. (4) Definitions.The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.