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Electronic Code of Federal Regulations : Page 22 of 43 (4) Grantees and subgrantees will ensure that all prequalified lists of persons , firms , or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition , Also , grantees and subgrantees will not preclude potential bidders from qualifying during the solicitation period . (5 ) Construction grants awarded under Title II of the Clean Water Act are subject to the following "Buy American" requirements in paragraphs (c )(5 ) ( ! Hill ) of this section . Section 215 of the Clean Water Act requires that contractors give preference to the use of domestic material in the construction of EPA - funded treatment works . (i ) Contractors must use domestic construction materials in preference to nondomestic material if it is priced no more than 6 percent higher than the bid or offered price of the nondomestic material , including all costs of delivery to the construction site and any applicable duty , whether or not assessed . The grantee will normally base the computations on prices and costs in effect on the date of -opening bids or proposals . (ii ) The award official may waive the Buy American provision based on factors the award official considers relevant , including : (A) Such use is not in the public interest; ( B) The cost is unreasonable ; ( C ) The Agency's available resources are not sufficient to implement the provision , subject to the Deputy Administrator's concurrence ; ( D) The articles , materials or supplies of the class or kind to be used or the articles , materials or supplies from which they are manufactured are not mined , produced or manufactured in the United States in sufficient and reasonably available commerical quantities or satisfactory quality for the particular project; or ( E ) Application of this provision is contrary to multilateral government procurement agreements , subject to the Deputy Administrator' s concurrence . (iii ) All bidding documents , subagreements , and , if appropriate , requests for proposals must contain the following "Buy American " provision : in accordance with section 215 of the Clean Water Act (33 U . S . C . 1251 at seq. ) and implementing EPA regulations , the contractor agrees that preference will be given to domestic construction materials by the contractor , subcontractors , materiaimen and suppliers in the performance of this subagreement. (d ) Methods of procurement to be followed— ( 1 ) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services , supplies , or other property that do not cost more than the simplified acquisition threshold fixed at 41 U .S . C . 403( l 1 ) ( currently set at $ 100, 000) * if small purchase procedures are used , price or rate quotations shall be obtained from an adequate number of qualified sources . (2 ) Procurement by sealed bids (formal advertising ) . Bids are publicly solicited and a firm-fixed-pace contract (lump sum or unit price) is awarded to the responsible bidder whose bid , conforming with all the material terms and conditions of the invitation for bids , is the lowest in price . The sealed bid method is the preferred method for procuring construction , if the conditions in 31 .36(d )(2 )(i) apply . ( i ) in order for sealed bidding to be feasible , the following conditions should be present: (A ) A complete , adequate , and realistic specification or purchase description is available ; ( B ) Two or more responsible bidders are willing and able to compete effectively and for the business ; and ( C ) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price . (ii) If sealed bids are used , the following requirements apply : littn : //ecfr. �nctacce�� _ .anv/cat /t/text/text- icia ? r.=Pnfrk.gid =hF5Pfl7ar51 r4r1Rah47 WM AP4rf4 7 / 1 Al�) nO1R