Recovery Act and Updates to . Gallacher On March 2. Office of Management and Budget (. The new rules do liberalize the requirement – at least a little bit – allowing increased flexibility in delivering products from Canada and Taiwan under State or local construction projects funded by the Recovery Act. But be aware that these new amendments are prospective – if you already have a contract funded by the Recovery Act, you will more than likely need to modify your contract to take advantage of these new revisions (assuming you are able). If you are pursuing future business opportunities funded by the Recovery Act, then you may be able to take advantage of the new rules. If you have to deal with these issues in real life, your head is probably already spinning. Let’s sit down and talk for a minute. We have already written at length on this blog about Buy American requirements generally and about Buy American requirements under the Recovery Act, specifically. To be clear – they are not necessarily the same thing; they involve different statutes, promulgated at different times, for different reasons, imposing slightly different requirements, and having slightly different impacts. While one might think it logical to have a single regime and a one- size- fits- all solution for all Buy American requirements, that is simply not the case. ![]() ![]() This is, after all, the U. S. Government we are talking about – nothing is ever that easy. Instead we get to wade through and figure out the intricacies and vagaries of . But, for better or for worse, these new amended rules may make the process at least a tiny bit easier. As previously discussed here and here, Taiwan finalized its process of entering into a free trade agreement with the U. We would like to show you a description here but the site won’t allow us. Number of provisions, such as the Davis-Bacon Wage Act requirements and the Buy American requirements. ARRA EPA 6-month Update Letter Author: Lisa R. Learn about the ARRA requirements, including recipient reporting and disclosure rules for grants issued under the American Recovery and Reinvestment Act (ARRA). American Recovery and Reinvestment Act of 2009. Buy America (Section 1605) - FHWA’s existing Buy America requirements apply to all ARRA funded projects. State of New Jersey BOARD OF PUBLIC UTILITIES. Buy American Compliance Analyst - ARRA (609) 777-3315. UPDATE The following items. Recovery Act Update –U.S. Stimulus: “Buy American. S. That means that for certain procurements over the applicable dollar thresholds, products . As previously discussed here, the U. S. Trade Representative raised the applicable free trade agreement dollar thresholds on January 1, 2. This means that for Recovery Act- funded construction projects valued over $7. For construction projects valued at less than $7. ![]() As previously discussed here and here, the U. S. The new trade agreement allows Canadians greater access to procurements conducted by certain State or local authorities, including: o Executive agencies of approximately 4. States; ando Recipients of certain funds from the U. ![]() S. Department of Agriculture, Department of Energy, Department of Housing and Urban Development, and Environmental Protection Agency, when the projects relate to water and waste disposal, community facilities, energy efficiency and conservation, community development, public housing, and drinking water preservation. The complete list of State and local authorities covered by the new U. S.- Canada agreement are located at 2 C. F. R. Part 1. 76, Appendix to Subpart B. What this means is that, while over the last year many Canadian- origin products have been frozen out of State and local markets spending Recovery Act funds – which is where the bulk of the Recovery Act procurements are being conducted – those markets should now be more open to Canadian- origin products. Overall, these are welcome changes. Do they complicate things? ![]() Yes, at least a little. But that may be okay because the amendments avoid addressing some of the bigger gaps that have existed in the rules since being promulgated in Spring of 2. At the very least, these three changes are generally steps forward. You cannot always say that about regulatory updates. With regard to the Buy American requirement under the Recovery Act, there are two separate yet similar sets of implementing rules – rules that apply under direct contracts with the U. S. Government (promulgated at FAR Subpart 2. U. S. Government, which typically includes contracts with State and local governments that receive Recovery Act grants from the Government (with the rules promulgated by the OMB at 2 C. F. R. These new amendments apply only to the latter set of regulations – the OMB/grant- based regulations. Most of these new changes were either unneeded or already implemented in the FAR rules, so a new amendment to those FAR rules is probably not coming any time soon. Still, it is worth emphasizing that there are two sets of rules, each of which can, and do, have slightly different requirements depending on your contract. Gallacher(2. 02) 2.
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