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 Federal Government-wide Guidance on Project/Product-Specific Waivers Under Section 70914(b), BABA allows a Federal agency, such as HUD, to waive the BAP for covered FFA in three instances: 1)when applying the domestic content procurement preference would be inconsistent with the public interest, 2)when types of iron, steel, manufactured product 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 project by more than 25 percent. To direct Federal agencies on how to implement this waiver process, OMB issued guidance that HUD will follow when reviewing a waiver request from a CPD grantee. According to OMB, agencies may reject or grant waivers in whole or in part. When an agency is considering a waiver, it should, to the greatest extent possible, be issued at the project level and be product specific. When that is not possible, an agency may issue a broader waiver. The agency should follow three principles before issuing any type of waiver: 1) The waiver may be time-limited, meaning it is issued for a certain period of time, rather than for a specific project. For example, a time-limited waiver may apply when an item that is "nonavailable" is widely used in projects funded by a particular program. 2) The waiver should be tam, meaning it should only apply to specific item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s). 3) The waiver may be conditional with conditions that support the policies of BABA. OMB guidance outlined the waiver review process for agencies to follow before issuing a waiver. Based on this guidance, HUD is developing its Department-wide project-specific waiver process. For HUD to consider a projector product-specific waiver it must: • Have a detailed justification for the use of goods,products, or materials mined,produced, or manufactured outside the United States. • A certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers. • In addition, at a minimum and to the greatest extent practicable, each proposed waiver submitted for consideration by the MIAO should include the following information, as applicable: o Waiver type (nonavailability, unreasonable cost, or public interest). o Recipient name and Unique Entity Identifier(UEI). o Federal awarding agency organizational information(e.g., Common Government- wide Accounting Classification (CGAC) Agency Code). o Financial assistance listing name and number. o Federal financial assistance program name. o Federal Award Identification Number(FAIN)(if available). o Federal financial assistance funding amount.