The Department of Energy announced December 29 that it will waive Buy American requirements contained in the Recovery Act for a number of products after determining an insufficient quantity of the goods nationally.
Federal Register/volume. 76, No. 250/Thursday, December 29, 2011. Notices.
US Department of Energy is hereby granting a nationwide limited waiver of the by American requirement of section 1605 of the recovery act under the authority of section 1605(iron, steel, and the relevant manufactured goods are not produced in the United states in the nation and reasonably available, quantities, and other satisfactory quality) with respect to recovery act projects funded by the office of Energy Efficiency and Renewable Energy (EERE)
Under the authority of the American recovery and reinvestment act of 2009 (recovery act), public law 111 – five, section 1605(B)(2), the head of the federal department or agency may issue a "determination of the applicability"(a waiver of the by American provision) if the iron, steel, or relevant manufactured good is not produced or manufactured in the United States, in sufficient and reasonably available, quantities, and of a satisfactory quality(" non-availability"). The authority of the secretary of energy to make all in applicability determinations was re- delegated to the assistant secretary
Link here to read DOE notice
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