Does the Buy America provision under Section 1605 of ARRA apply to the construction, alteration, maintenance, or repair of a facility undertaken by a state college or university with ARRA funds?
A. In answering this question, the first point that needs to be addressed is whether the facility is/will be government-owned or privately-owned. If the facility is/will be privately-owned, then the ARRA Buy America provision will not apply to it, because it will not be a “public building or public work.” However, if the facility is/will be government-owned, then the ARRA Buy America provision will apply to the facility (as a “public building or public work”) unless such application would not be “consistent with United States obligations under international agreements” under Section 1605(d) of ARRA or another exemption under Section 1605 applies. The applicability of Section 1605(d) to state colleges and universities depends on whether U.S. obligations under international agreements apply to the particular state college or university. The Appendix to 2 CFR Part 176 subpart B lists U.S. States, Other Sub-Federal Entities, and Other Entities Subject to U.S. Obligations under Internationa
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- Does the Buy America provision under Section 1605 of ARRA apply to the construction, alteration, maintenance, or repair of a facility undertaken by a state college or university with ARRA funds?
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