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demonstrate how the grant-funded project addresses the core capability gap <br />associated with each project. The capability gap reduction must be addressed in <br />the Project Description of the BSIR for each project. <br />38. Applicability of DHS Standard Terms and Conditions to Tribes <br />The DHS Standard Terms and Conditions are a resta+ement of general <br />requirements imposed upon the Applicant and flow down to any of its <br />subrecipien+s as a matter of law, regulation, or executive order. If the requirement <br />does not apply to Indian tribes or there is a federal law or regulation exempting its <br />application to Indian tribes, then the acceptance by Tribes of, or acquiescence <br />to, DHS Standard Terms and Conditions does not change or alter its inapplicability <br />to an Indian tribe. The execution of grant documents is not intended to change, <br />alter, amend, or impose additional liability or responsibility upon the Tribe where it <br />does not already exist <br />39. Required Use of American Iron, Steel, Manufactured Products, and Construction <br />Materials <br />The Applicant must comply with the "Build America, Buy America" Act (BABAA), <br />enacted as part of the Infrastructure Investment and Jobs Act and Executive <br />Order 14005. Applicants receiving a federal award subject to BABAA requirements <br />may not use federal financial assisfance funds for infrastructure projects unless: <br />(o) All iron and steel used in the project are produced in the United States - this <br />means all manufacturing processes, from the initial melting stage through <br />the application of coatings, occurred in the United States; <br />(b) All manufactured products used in the project are produced in the United <br />States - this means the manufactured product was manufactured in the <br />United States; and the cost of the components of the manufactured <br />product that are mined, produced, or manufactured in the United States is <br />greater than 55 percent of the total cost of all components of the <br />manufactured product, unless another standard for determining the <br />minimum amount of domestic content of the manufactured product has <br />been established under applicable law or regulation; and <br />(c) All construction materials are manufactured in the United States - this <br />means that all manufacturing processes for the construction material <br />occurred in the United States. <br />The "Buy America" preference only applies to articles, materials, and supplies <br />that are consumed in, incorporated into, or affixed to an infrastructure project. It <br />does not apply to tools, equipment, and supplies, such as temporary scaffolding, <br />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 <br />and furnishings, such as movable chairs, desks, and portable computer <br />equipment, that are used at or within the finished infrasfructure project but are <br />not an integral part of the structure or permanently affixed to the infrastructure <br />project. <br />Initials