EPA Waives Buy American Requirement in Stimulus...

June 2, 2009

2 June 2009

EPA Waives Buy American Requirement in Stimulus Bill for Certain Projects

The following appeared in today's edition of ST&R's "WorldTrade Interactive".

Effective May 22, the Environmental Protection Agency has granted a nationwide waiver of the Buy American requirements of the American Recovery and Reinvestment Act of 2009 for de minimis incidental components of eligible water infrastructure projects funded by that law. This action permits the use of non-domestic iron, steel and manufactured goods when they occur in de minimis incidental components of eligible projects for which a Clean or Drinking Water State Revolving Fund has concluded or will conclude an assistance agreement using ARRA funds, where such components comprise no more than 5% of the total cost of the materials used in and incorporated into a project.

The EPA notes that each water infrastructure project involves the use of thousands of miscellaneous, generally low-cost components that are essential for but incidental to the construction (e.g., nuts, bolts, other fasteners, tubing, gaskets, etc.). However, the country of manufacture and the availability of alternatives for these components are not readily or reasonably identifiable prior to procurement in the normal course of business, and it would be laborious, likely unproductive and disproportionate to the costs and time involved for an owner or contractor to pursue such inquiries.


Topic(s): 
World Economy & Politics
Information Source: 
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