(2) This requirement does not apply to Government evaluation of the request, the material listed by the Federal including— Government as follows: (A) A description of the foreign and official to list applicable excepted domestic materials or indicate iron, and/or manufactured goods; ‘‘none’’] (B) Unit of measure; (3) The award official may add other (C) Quantity; iron, steel, and/or manufactured goods (D) Cost; to the list in paragraph (b)(2) of this (E) Time of delivery or availability; section and condition if the Federal (F) Location of the project; Government determines that— (G) Name and address of the proposed (i) The cost of the domestic iron, supplier; and/or manufactured goods would and be unreasonable. The cost of domestic (H) A detailed justification of the reason iron, steel, or manufactured goods used for use of foreign iron, steel, and/or in the project is unreasonable when the manufactured goods cited in cumulative cost of such material will accordance with paragraph (b)(3) of this increase the cost of the overall project section. by more than 25 percent; (ii) A request based on unreasonable (ii) The iron, and/or cost shall include a reasonable survey of manufactured good is not produced, or the market and a completed cost manufactured in the United comparison table in the format in States in sufficient and reasonably paragraph (d) of this section. available quantities and of a satisfactory (iii) The cost of iron, steel, and/or quality; or manufactured goods material shall (iii) The application of the include all delivery costs to the restriction of section 1605 of the construction site and any applicable Recovery Act would be inconsistent with duty. the public interest. (iv) Any recipient request for a determination submitted after Recovery (c) Request for determination of Act funds have been obligated for a inapplicability of Section 1605 of the project for construction, alteration, Recovery Act. maintenance, or repair shall explain why the recipient could not reasonably (1)(i) Any recipient request to use foresee the need for such determination foreign iron, and/or manufactured and could not have requested the goods in accordance with paragraph determination before the funds were (b)(3) of this section shall include obligated. If the recipient does not adequate information for Federal submit a satisfactory explanation, the
(2) This requirement does not apply to the material listed by the Federal Government as follows: official to list applicable excepted materials or indicate ‘‘none’’] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that— (i) The cost of the domestic iron, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i) Any recipient request to use foreign iron, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the