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manufactured product that are mined, produced, or manufactured in the United States is greater than 55 <br />percent of the total cost of all components of the manufactured product, unless another standard for <br />determining the minimum amount of domestic content of the manufactured product has been established <br />under applicable law or regulation; and <br />iii. all construction materials are manufactured in the United States -this means that all <br />manufacturing processes for the construction material occurred in the United States. The Buy America <br />preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or <br />affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as <br />temporary scaffolding, brought to the construction site and removed at or before the completion of the <br />infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as <br />movable chairs, desks, and portable computer equipment, that are used at or within the finished <br />infrastructure project, but are not an integral part of the structure or permanently affixed to the <br />infrastructure project. Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes <br />the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52. <br />ADMINISTRATIVE <br />1. General Federal Regulations <br />Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et <br />sequence. <br />2. Rights to Patents and Inventions Made Under a Contract or Agreement <br />Rights to inventions made under this assistance agreement are subject to federal patent and licensing <br />regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. <br />3. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) <br />Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: <br />i. Engage in severe forms of trafficking in persons during the period of time that the award is in <br />effect; <br />ii. Procure a commercial sex act during the period of time that the award is in effect; or <br />iii. Use forced labor in the performance of the award or subawards under the award. <br />4. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) <br />Recipients must comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster <br />Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area <br />to participate in the program and to purchase flood insurance if the total cost of insurable construction and <br />acquisition is $10,000 or more. <br />5. Water Resources Reform and Development Act (WRRDA) P.L.113-121 <br />Recipients must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113-121, <br />if applicable. This act provides for improvements to the rivers and harbors of the United States, to provide <br />for the conservation and development of water and related resources. <br />6. Whistleblower Protection <br />Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee <br />Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective <br />December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). <br />(a) This award, related subawards, and related contracts over the simplified acquisition threshold <br />and all employees working on this award, related subawards, and related contracts over the <br />simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot <br />program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by <br />section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). <br />(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified <br />acquisition threshold related to this award, shall inform their employees in writing, in the <br />predominant language of the workforce, of the employee whistleblower rights and protections under <br />41 U.S.C. 4712. <br />(c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in <br />contracts over the simplified acquisition threshold related to this award; best efforts should be made <br />Attachment 8 <br />4of6 <br />Rev. 8/29/2022 <br />