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(ii) The iron, steel, and /or manufactured good is not produced, or manufactured in the United <br />States in sufficient and reasonably available quantities and of a satisfactory quality; or <br />(iii) The application of the restriction of section 1605 of the Recovery Act would be <br />inconsistent with the public interest. <br />Request for determination of inapplicability of Section 1605 of the Recovery Act . <br />(1) <br />(i) Any recipient request to use foreign iron, steel, and /or manufactured goods in <br />accordance with paragraph (b)(3) of this section shall include adequate information for <br />Federal Government evaluation of the request, including- - <br />(A) A description of the foreign and domestic iron, steel, and /or manufactured goods; <br />(B) Unit of measure; <br />(C) Quantity; <br />(D) Cost; <br />(E) Time of delivery or availability; <br />(F) Location of the project; <br />(G) Name and address of the proposed supplier; and <br />(H) A detailed justification of the reason for use of foreign iron, steel, and /or <br />manufactured goods cited in accordance with paragraph (b)(3) of this section. <br />(ii) A request based on unreasonable cost shall include a reasonable survey of the market <br />and a completed cost comparison table in the format in paragraph (d) of this section. <br />(iii) The cost of iron, steel, and /or manufactured goods material shall include all delivery costs <br />to the construction site and any applicable duty. <br />(iv) Any recipient request for a determination submitted after Recovery Act funds have been <br />obligated for a project for construction, alteration, maintenance, or repair shall explain <br />why the recipient could not reasonably foresee the need for such determination and could <br />not have requested the determination before the funds were obligated. If the recipient <br />does not submit a satisfactory explanation, the award official need not make a <br />determination. <br />(2) If the Federal Government determines after funds have been obligated for a project for <br />construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery <br />Act applies, the award official will amend the award to allow use of the foreign iron, steel, and /or <br />relevant manufactured goods. When the basis for the exception is nonavailability or public <br />interest, the amended award shall reflect adjustment of the award amount, redistribution of <br />budgeted funds, and /or other actions taken to cover costs associated with acquiring or using the <br />foreign iron, steel, and /or relevant manufactured goods. When the basis for the exception is the <br />unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall <br />adjust the award amount or redistribute budgeted funds by at least the differential established in 2 <br />CFR 176.110(a). <br />(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery <br />Act applies, use of foreign iron, steel, and /or manufactured goods is noncompliant with section <br />1605 of the American Recovery and Reinvestment Act. <br />Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable <br />cost, the Recipient shall include the following information and any applicable supporting data based <br />on the survey of suppliers: <br />Foreign and Domestic Items Cost Com arison <br />Description <br />Unit of Measure <br />Quantity <br />Cost* $US <br />ITEM 1 <br />-- <br />-- <br />-- <br />Foreign steel, iron or manufactured good <br />Domestic steel, iron or manufactured good <br />ITEM 2 <br />-- <br />-- <br />-- <br />Foreign steel, iron or manufactured good <br />Domestic steel, iron or manufactured good <br />*Include all delivery costs to the construction site. <br />Solicitation No. 2011WXSSP <br />Pape 41 of 53 <br />Attachment number 1 <br />F -4 Page 153 <br />