Res 2024-190 approving an On-Call Professional Services Agreement with Lockwood, Andrews and Newnam, Inc., (LAN) to provide engineering services for the Purgatory Creek Improvements, Phase 1 Project in an amount not to exceed $3,281,773.35

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Docusign Envelope ID:7208C774-7FB3-420E-A93E-5DE887787BB7 Purpose of the Notice This Notice is intended to notify grantees of the"Buy America Preference" (BAP) requirement under the Build America,Buy America Act(BABA)as they apply to CPD programs. This Notice identifies the CPD programs and activities that must comply with BABA along with the timeline for the application of the BAP. It also highlights issues that grantees will want to consider when preparing for HUD's full implementation of the BAP, as described in"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 Fed.Reg. 17001, effective March 15,2023). This Notice refers to 88 Fed.Reg. 17001 as the"Phased Implementation Waiver"which establishes BAP implementation points according to a schedule across HUD programs. Note: The guidance provided in this Notice is subject to change if the Office of Management and Budget(OMB)updates guidance on the application of BABA for Federal financial assistance (FFA)programs for infrastructure. L Overview of Build America,Buy America Act The Build America, Buy America Act (BABA) The Build America,Buy America Act(BABA)was signed into law by President Biden on November 15,2021, as part of the Infrastructure Investment and Jobs Act(IIJA)as Sections 70901- 52 of Pub.L.No. 117-58. In addition to providing funding for roads,bridges,rails, and high-speed internet access,it created an incentive to increase domestic manufacturing across the country through the inclusion of BABA's"Buy America Preference" (BAP). In general,the BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance(FFA), as outlined in Section 70914(a)of BABA,must be produced in the United States. The intent of the BAP in BABA is to stimulate private-sector investments in domestic manufacturing,bolster critical supply chains, and support the creation of well-paying j obs for people in the United States. The preference is also intended to bolster American firms' ability to compete and lead globally for years to come by requiring entities that receive Federal infrastructure funds to use American materials and products. The BABA preference for American materials and products applies to all spending on infrastructure projects by Federal agencies,including HUD. In BABA and for purposes of this Notice,the Federal infrastructure spending with a BAP is referred to as"Federal financial assistance"or"FFA."Under Section 70912(7),FFA for infrastructure"projects"includes the "construction, alteration,maintenance, or repair of infrastructure in the United States". Under Section 70914(a),the use of American iron and steel, construction materials, and manufactured products applies to funding from CPD programs for infrastructure projects. However,the BAP does not apply to"pre and post disaster or emergency response expenditures"under Section 70912(4)(B). A list of CPD disaster or emergency funding meeting these criteria can be found in Section III. Effective May 14,2022,the BAP applies to infrastructure spending unless an agency issues a waiver in three limited situations: 1)when applying the domestic content procurement preference