RTP BABA WAIVER INFORMATION

The Federal Highway Administration published Waiver of Buy America Requirements for De Minimis Costs and Small Grants.

The Waiver of Buy America Requirements for De Minimis Costs and Small Grants notice is the waiver. There is no need for waiver applications for projects that meet the criteria of this waiver.

To make clear: If the total amount of the project is below $500,000, the Buy America requirements for iron, steel, manufactured product, and construction materials is waived. If the total amount of the project is over $500,000, the allowable threshold for noncompliant products is the lesser of $1,000,000 or 5% of total applicable costs for the project. However, if the noncompliant products include iron, steel, manufactured products, the FHWA’s threshold amount of 0.1% of the total contract amount or $2,500 applies.

Do manufactured products made of iron or steel (such as snow grooming or trail construction and maintenance equipment) still need to go through the waiver process at https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?

Re: If the total amount of the grooming or trail construction and maintenance equipment project is below $500,000, the answer is NO. If the amount is over $500,000, the answer is YES.

Based on all the information available to the Agency, DOT finds that it is in the public interest to issue a waiver of BABA's domestic preferences for iron and steel, manufactured products, and construction materials used in projects funded under DOT-administered financial assistance programs for iron, steel, manufactured products, and construction materials under a single financial assistance award for which:

• The total value of the non-compliant products is no more than the lesser of $1,000,000 or 5% of total applicable costs for the project; or
• The total amount of Federal financial assistance applied to the project, through awards or subawards, is below $500,000.

The waiver is applicable only to awards that are obligated or subawards that are made on or after the effective date of the waiver [August 16, 2023]. The waiver is applicable to subawards only if the subawards are made by a pass-through entity for a specific project.

In applying the waiver, the “total value of the non-compliant products” does not include the value of those products subject to a separate Buy America waiver. “Total applicable project costs” are defined as the cost of materials (including the cost of any manufactured products) used in the project that are subject to a domestic preference requirement, including materials that are within the scope of an existing waiver.

Because many DOT-administered financial assistance programs are also subject to program-specific domestic preference requirements, the waiver also applies to those requirements. Specifically, the waiver is also an exercise of DOT's authority to issue public interest waivers under 23 U.S.C. 313(b)(1), 49 U.S.C. 5323(j), 46 U.S.C. 54101(d)(2)(B)(i)(I), 49 U.S.C. 22905(a)(2), 49 U.S.C. 50101(b)(1), and 41 U.S.C. 8301(a)(2), as applied to DOT financial assistance. However, the de minimis cost portion of the waiver ( i.e., the first bullet in the finding above) does not apply to iron and steel subject to the requirements of 23 U.S.C. 313 on financial assistance administered by FHWA.^[6 7]

VOLUNTEER RATE INCREASE FOR 2023!

The current estimated national value of each volunteer hour is $31.80 – https://independentsector.org/resource/value-of-volunteer-time

Beginning April 19, 2023, the new rate may be applied when calculating the value of volunteer labor for the purposes of matching funding.

2023 LWCF WEBINAR IS NOW POSTED!!! The February 16, 2023 webinar can be accessed on State Parks website for those who were unable to attend. 

STATE MILEAGE REIMBURSEMENT RATE INCREASE – 

The federal government has recently increased the standard mileage rate for transportation expenses from $0.625 per mile to $0.655 per mile.

1. For an employee using his/her own vehicle for the State's convenience, the mileage reimbursement rate has increased to $0.625 per mile from $0.655 per mile.

2. For an employee using his/her own vehicle for the employee's convenience, the employee will be reimbursed at one-half the standard mileage reimbursement rate, which has been increased to $0.3125 per mile from $0.3275 per mile.

The rates are effective January 1, 2023, and will remain in effect throughout the calendar year. The GSA rate tables are located at: http://www.gsa.gov/portal/content/100715. 

New statewide contract with Public Restroom Company for prefabricated concrete buildings, restrooms, showers, and Park buildings. Available for use on a voluntary basis to state government, local governments, districts, and other public entities in Nevada.

Contract usage instructions can be found at the Nevada Purchasing Division website at:

https://purchasing.nv.gov/Contracts/Documents/Prefabricated_Concrete_Buildings/

NEW statewide contract with CTX Incorporated for prefabricated concrete buildings, cabins, toilets, and sheds. Available for use on a voluntary basis to state government, local governments, districts, and other public entities in Nevada.

Contract usage instructions can be found on the Nevada Purchasing Division website at:

https://purchasing.nv.gov/Contracts/Documents/Prefabricated_Concrete_Buildings/