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States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
<br />Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.)
<br />The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection
<br />Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with
<br />maintaining a satisfactory level of competition.
<br />Article XXXIV - Rehabilitation Act of 1973
<br />Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified
<br />as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United
<br />States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
<br />discrimination under any program or activity receiving federal financial assistance.
<br />Article XXXV - Reporting of Matters Related to Recipient Integrity and Performance
<br />General Reporting Requirements:
<br />If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
<br />agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the
<br />recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient
<br />Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by
<br />reference in the award terms and conditions.
<br />Article XXXVI - Reporting Subawards and Executive Compensation
<br />Reporting of first tier subawards:
<br />Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards
<br />and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
<br />in the award terms and conditions.
<br />Article XXXVII - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
<br />Recipients must comply with the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act and
<br />E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that
<br />none of the funds provided under this award may be used for a project for infrastructure unless:
<br />(1) all iron and steel used in the project are produced in the United States -this means all manufacturing processes, from the
<br />initial melting stage through the application of coatings, occurred in the United States;
<br />(2) all manufactured products used in the project are produced in the United States -this means the manufactured product was
<br />manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or
<br />manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,
<br />unless another standard for determining the minimum amount of domestic content of the manufactured product has been
<br />established under applicable law or regulation; and
<br />(3) all construction materials are manufactured in the United States -this means that all manufacturing processes for the
<br />construction material occurred in the United States.
<br />The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or
<br />affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
<br />brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America
<br />preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are
<br />used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the
<br />infrastructure project.
<br />Waivers
<br />When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the
<br />process for requesting a waiver from these requirements is on the website below.
<br />(a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may
<br />waive the application of the domestic content procurement preference in any case in which the agency determines that:
<br />(1) applying the domestic content procurement preference would be inconsistent with the public interest;
<br />DHS-FEMA-SLCGP-FY23
<br />Page 30 of 39 Everett, E24-268
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