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 would be inconsistent with the public interest, 2)when types of iron, steel,manufactured products or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3)where the inclusion of those products and materials will increase the cost of the overall proj ect by more than 25 percent.Before issuing a waiver,under Section 70914(c),the head of a Federal agency,including HUD,must make publicly available a detailed written explanation for the proposed determination to issue the waiver and provide a period of not less than 15 days for public comment on the proposed waiver. Additional details on waivers can be found in Section IV. A. Federal Government-wide Guidance on BABA As a part of the Federal government's support of domestic production and manufacturing through infrastructure investments, OMB and HUD have taken several steps to implement the BAP by providing guidance and issuing HUD general waivers. On August 23,2023, OMB issued final rules for 2 CFR Parts 184 and 200 and provided further guidance on implementing the statutory requirements and improving FFA management and transparency(88 Fed.Reg. 57750, effective October 23,2023). These government-wide regulations apply to HUD programs and provide direction on implementing a BAP waiver process. The new and revised regulations also provide additional guidance on construction material standards,the cost components of manufactured products, and their definitions. On October 25, 2023, OMB issued guidance to all Federal agencies on how to implement BABA consistently across the government. The"Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure"(M-24-02)(OMB Guidance)directs Federal agencies,including HUD, on how to apply the BAP and provides an overview of the BAP waiver requirements. OMB may also issue additional or updated guidance in the future, and HUD will update its guidance as necessary. B. HUD Actions and Guidance on BABA BABA is a new and complex statute,which became effective in 2022. As such, establishing governmentwide guidance on these new statutory requirements has been an iterative process. Since the passage of BABA,HUD has worked diligently to implement the BAP for all HUD programs. Before the law became effective on May 14,2022,HUD established a Department-wide BABA leadership committee.Beginning in June 2022,HUD issued a Request for Information(RFI)and collected public comments on potential BABA implications for HUD grantees.Based on these comments and to ease the transition in complying with the BAP,HUD proposed and received four general waivers for covered FFA,which includes CPD programs. These waivers and other BABA information are available on HUD's website at BABA I HUD.gov/U.S. Department of Housing and Urban Development(HUD). Further details on these waivers and their application to CPD programs are provided in Section IV of this Notice. CPD has taken several actions to notify and communicate with stakeholders and grantees on BABA requirements and their impact on CPD programs. All CPD Fiscal Year(FY)2022 grant transmittal letters and notices of funding opportunities(NOFOs)included a reference to the BAP