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Docusign Envelope ID: B94A7A7D-AOC2-4E5C-867B-62FAAB4A6E80 <br /> OR <br /> This waiver can be applied to a portion of the products used in an infrastructure project if the <br /> cumulative cost of those products does not exceed five percent of the total cost of covered <br /> products used in the project(up to $1 million). <br /> • In that case,the BAP would be waived for part of the project,but the rest of the project <br /> would still need to comply with the BAP. <br /> 3. Tribal Recipients Waiver: Is the project being funded by a Tribal recipient? <br /> • If yes, the Tribal Recipients Waiver may apply, and the project would not be subject to <br /> the BAP. (This is rare for CPD programs.) <br /> • If no to General Waiver questions 1, 2, and 3,proceed to Step 6. <br /> Step 6: Project-specific waivers <br /> Consider the criteria for project-specific waivers. Project-specific waivers to the BAP may <br /> be available if it is determined that a waiver falls into one of the following three categories: 1)when <br /> applying the domestic content procurement preference would be inconsistent with the public <br /> interest, 2)when types of iron, steel, manufactured product or construction materials are not <br /> produced in the United States in sufficient and reasonably available quantities or of a satisfactory <br /> quality, or 3)where the inclusion of those products and materials will increase the cost of the overall <br /> project by more than 25 percent. Project-specific waivers are available on a limited, case-by-case <br /> basis, after HUD's consultation and review with OMB's MIAO. <br /> 1. Would applying the BAP to the project be inconsistent with the public interest? <br /> • If yes, a project-specific waiver maybe considered. <br /> 2. Are the types of iron, steel, manufactured products, or construction materials used in the <br /> project not produced in the United States in sufficient and reasonable available quantities or <br /> of a satisfactory quality? <br /> • If yes, a project-specific waiver maybe considered. <br /> 3. Would the inclusion of iron, steel,manufactured products, or construction materials <br /> produced in the United States increase the cost of the overall project by more than 25 <br /> percent? <br /> • If yes, a project-specific waiver may be considered. <br /> • If no to Project specific waiver questions 1, 2, and 3,the BAP likely applies to the <br /> project and the project should comply with the requirements of the BAP. <br /> Grantees should consult the entirety of this Notice and other applicable BABA guidance <br /> before making a determination on BAP applicability to a specific project. Grantees should reach out <br /> to their local CPD field office if they require additional assistance with determining BAP <br /> applicability. <br /> 17 <br />