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Notice of Buy America Waiver Request Request

Action: Notice, request for comments.

Web posting date: 03/05/2012

Federal Register Notice of Finding Publication Date: 04/25/12

Effective Date of Federal Register: 04/26/12

Close of public comment period: 05/11/12

Summary: The Federal Highway Administration (FHWA) is seeking comments on whether a waiver of the Buy America requirements of 23 CFR 635.410 should be granted to permit the use of non-domestic 45' and 55' Pre-stressed Spun Concrete Transmission and Distribution Power poles in the state of Guam.

FHWA will only consider a Buy America waiver when the conditions of 23 CFR 635.410( c) have been met: (1) when the application of the provision would be inconsistent with the public interest; or (2) when steel and iron products are not produced in the United States in sufficient and reasonably available quantities, which are of a satisfactory quality.

The FHWA will consider all comments received in the initial 15-day comment period during our evaluation of the waiver request. Comments received after this period, but before notice of our finding is published in the Federal Register, will be considered to the extent practical. Follow-up coordination on the comments received may result in a delay in the publication of our waiver finding in the Federal Register. Comments received during the 15-day comment period after notice of our finding is published in the Federal Register will be reviewed, but the finding will continue to remain valid. Comments received during the comment period after the effective date of the finding will be reviewed, and may influence the FHWA's decision to terminate or modify a finding.

Guam DOT contact; Gene Niemasz (671) 648-1060


Anthony D. Charfauros 03/05/2012
I have reviewed the documentation submitted by Joanne M.S. Brown of the Guam DPW, requesting waiver of the Federal requirement for "Buy America". While I fully support and agree with the conceptual intent of the requirement and moreover, have verified compliance of this requirement on many federally funded projects within the motherland, I believe that holding the Guam DPW to this requirement in this instance will only succeed in needlessly escalating the construction cost for the project. I have experienced projects where the scope of work is insignificant enough not to generate interest with domestic suppliers. Those who will participate in the bid realize this and will submit bid values that are exaggerated in comparison to the industry standard. Ultimately, the burden of funding sits with the tax payer or in this case the cost of service rates to the end users. If the project guarantees the use of domestic labor native to the territory and can keep costs of construction to a minimum for the benefit of the public entity, then I believe the Federal govenment has still maintained it's intent. I would like to show my support for the request and ask that the waiver be approved.

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