Rural Housing Service March 1, 2011 – Federal Register Recent Federal Regulation Documents

The United States Department of Agriculture (``USDA'') grants a project waiver of the Buy American Requirements [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] of ARRA to Drew County, Arkansas, (``County'') for the purchase of foreign manufactured Heating, Ventilation, Air Conditioning (HVAC) equipment for a hospital renovation and expansion project. This is a project specific waiver under section 1605 (b)(2) of ARRA. This waiver only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. The County- proposed HVAC improvements were selected to address the unique conditions presented by the existing building. Based upon information submitted by the County and its consultants, it was determined that the HVAC equipment that will meet the County's design and performance specifications is manufactured only by Daikin and SkyAir of Japan and Thailand, respectively. This determination is based on the review and recommendations of the Rural Development Buy American Coordinator. The County, through its design engineer, has provided sufficient documentation to support its request. The Under Secretary for Rural Development has concurred in this decision to waive Section 1605 of ARRA. This action permits the purchase of a Daikin RXS/FTXS (wall mounted indoor unit) HVAC unit and SkyAir FCQ/RZQ (cassette-style, ceiling mounted indoor unit). These units address the operational requirement to heat and cool simultaneously, perform very efficiently, and are compatible and adaptable to the space restrictions created by the existing facility.