Buy American

The Buy American Act of 1933 requires the federal government to buy American–made iron, steel, and manufactured goods wherever possible. A product is defined as American–made under “Buy American” if at least 50 percent of its constituent parts and/or materials originated in the US. Since 1933, several additions to that policy have been enacted, and a body of policy, procedure, and case law has developed. Federal contractors have had to operate within this framework. Additionally, in the Surface Transportation Assistance Act of 1982, a separate policy known as “Buy America” was enacted. It governs procurements that are funded through the Department of Transportation, such as highway, bridge, rail, and transit construction. A product is defined as American–made under “Buy America” if all of its manufacturing processes, constituent parts and/or materials originated in the US. In 2009, the American Recovery and Reinvestment Act, created yet another standard, which applied to all projects with Recovery Act funds (both direct federal and federal–aid). This new Recovery Act standard is distinct from the others in that it supersedes the other two requirements where they would normally apply, establishes a new definitions of American–made, and applies the requirement to sectors of the construction market that have never had to comply with either of the previous requirements before.

AGC Policy

Repeal Recent Changes and Oppose Expansion of the Buy American Act

Background:

  • The Buy American Act of 1933 requires the federal government to buy American-made goods wherever possible. A product is defined as American-made if at least 50 percent of its constituent parts and/or materials originated in the US. The Buy American Improvement Act seeks to strengthen many provisions, tighten definitions, and shut down exceptions to the original Act.

AGC Message:

  • Interferes with Competitiveness of American Contractors at Home. If a contractor bids a project using potentially more expensive American-made products, they are gambling that other contractors’ bids include that same cost. The provision in the Buy American Improvement Act that seeks to address this problem is woefully inadequate. It only gives preference to domestic bidders (or bidders using domestic products) where the company’s offer is “substantially the same” as an offer made by a company that does not include American-made products. If American products turn out to be substantially greater in cost, the contractor that uses them will be less competitive.
  • Interferes with the Competitiveness of American Contractors Abroad. Preferential treatment for American-made products here will encourage reciprocal action abroad. Contractors who do business overseas could lose business on projects they otherwise would have been competitive on.
  • Increases Costs by Artificially Constraining the Supply Chain. By altering the definition of what constitutes an American-made product (raising the threshold percentage from 50 to 75 percent), companies who do business with the federal government will have to shift their supply chains as they are left to choose from a smaller list of acceptable products.
  • Violates International Treaty. Strengthening the Buy American Act would be in violation of the plurilateral Agreement on Government Procurement (1994), to which the US is party, administered by the World Trade Organization. This opens the possibility for potentially costly and time-consuming international suits and dispute mediation, which could strike unexpectedly during any portion of the construction cycle.

Recovery Act

Section 1605

The Buy American requirements in the American Recovery and Reinvestment Act originate in Section 1605, which states:

  • SEC. 1605. Use of American Iron, Steel and Manufactured Goods
  • (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
  • (b) Subsection (a) shall not apply in any case or category of cases in which the head of the federal department or agency involved finds that:
    • (1) applying subsection (a) would be inconsistent with the public interest;
    • (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
    • (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.
  • (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived.
  • (d) this section shall be applied in a manner consistent with United States obligations under international agreements

Regulations

Two different sets of regulations govern the Buy American provisions of the Recovery Act, each for its own type of work. Direct federal work, carried out by direct contract with a federal agency, is governed by a separate set of rules than by the grants, financial assistance, and loans that are not administered directly by the federal government, but by State and local entities. Separation of these two is of critical importance, as the Buy American Act does not apply to grants, financial assistance, and loans and the trade agreements exemption does not apply uniformly at the State level.

Direct Federal Work

Direct federal work is governed by the Federal Acquisition Regulation (FAR) and as such a standalone FAR case was developed for the implementation of Section 1605 for projects directly procured by the federal government. FAR Case 2009–008 requires all construction, repair or maintenance projects use only iron, steel and manufactured goods produced in the United States. The rule provides a number of narrow exceptions, such as cases when goods are not available domestically, or if the local price is not reasonable. The final version of the rule makes a few key distinctions, such as the determination that in cases where there are mixed Recovery Act and non–Recovery Act funds, and the Recovery funds are not segregated by line item, the law requires the mixed–fund contracts to be treated as if they were entirely funded by the Recovery Act. Another important determination is the separation of the Recovery Act rules from existing rules governing the Buy American Act of 1933 (as amended). The Councils have determined that Section 1605 supersedes the Buy American Act on Recovery Act projects.

Click here for the final version of the rule

Click here for AGC’s comments on the proposed rule

Federally–Assisted Work

Federal–aid projects, such as highway and bridge construction and clean water investment are governed by guidance issued by OMB. They issued regulations April 23, which covered not only the Buy American implementation, but also the reporting requirements and the Davis–Bacon wage requirements. While the regulations are similar to the ones set in the FAR, the implementation is different. The guidance documents provide an overview and templates for recipients, sub–recipients and vendors as prescribed in the Recovery Act.

It is important to note that the OMB regulations are designated “interim final” meaning that a newer version of them could come out at any time that would be designated the “final” versions. These final versions could differ substantially from the interim final versions discussed here. However, unless and until the final versions are released, all contract actions shall operate under these interim final versions.

Click here for the regulation

Click here for AGC’s comments

AGC Analysis

Public Buildings

Section 1605 applies to construction, alteration, maintenance, or repair of a public building or public work. For direct federal work, the regulatory definitions at FAR 22.401 define this as: “Public building or public work” means building or work, the construction, prosecution, completion, or repair of which is carried on directly by authority of, or with funds of, a Federal agency to serve the interest of the general public regardless of whether title thereof is in a Federal agency.

For federal–aid work, public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi–State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works

Manufactured Goods

For both federal and federal–aid work, what is known as the “substantial transformation” test is applied. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been—

  • (i) Processed into a specific form and shape; or
  • (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw material

Trade Agreements

Perhaps the largest substantial difference between direct federal and federal–aid work under these regulations is the treatment of the requirement that Section 1605 be applied in a manner consistent with United States obligations under international agreements. For direct federal construction, contracts above $7,443,000 may treat material that is from any of the Recovery Act Designated Countries as if it were American. To be considered from one of these countries, the material must either be wholly the growth product or manufacture of the designated country, or “substantially transformed” in that country (see manufactured goods above, substantial transformation test)

Recovery Act Designated Countries:

  • WTO GPA Countries
    Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or the United Kingdom
  • FTA Countries
    Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore
  • Least Developed Countries
    Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea–Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia

For federal–aid work, applying the trade agreements exemption is much more complicated. States and other affected nonfederal entities are required to abide by their separate, individual obligations to other countries under trade agreements when making subawards of grants funded by ARRA. Not every state has undertaken these international obligations, and those that have typically reserve certain exclusions to their commitment. The Buy American requirements for state and local projects therefore, vary not only from state to state, but also from project to project. Again, the $7,443,000 threshold applies before trade agreement exceptions may be utilized.

Click here for a table of the entities covered, exclusions, and applicable trade agreements for each state

Agency-specific Waivers and Guidance

Environmental Protection Agency

Department of Agriculture

Department of Energy

Department of Housing and Urban Development

Department of Health and Human Services

Department of Education

Bureau of Reclamation

Department of Commerce

US Air Force

Environmental Protection Agency

Project/Regional Waivers

10/25/2011Borough of Ocean Gate, NJ for a wind turbine generator from Canada

10/12/2011Nikishka Bay Utilities, Nikiski, AK for magnetic flow meter from Mexico

10/07/2011City of Airway Heights, WA for Carrier split ductless air conditioning systems from Mexico and South Korea

10/07/2011City of West Monroe, LA for carbon steel pipe fittings and appurtenances.

8/19/2011Mason County, WA for turbo aeration blower units, a waiver is granted in the public interest because time and cost for completion would be too great if Buy American requirements were enforced

07/14/2011 City of Ocean Shores, WA for Greensand Plus pressure filter media from Brazil

06/29/2011 St. Paul, MN for Parkson StrainPress SC–4 pressurized in-line sludge screen from Germany

06/29/2011 St. Paul, MN for four combination air release/vacuum valves from Israel

06/29/2011 Wayne County, MI for Link-Pipe PVC products in various pipe diameters

06/27/2011 City of Columbia, MO for air conditioning condensing unit from Mexico

06/20/2011 Salt Lake City, UT for vertical linear motion mixers (Updated from Previous)

06/03/2011 Montgomery Township, NJ for immersed ultrafiltration membrane cassettes from Hungary

05/31/2011 City of Marathon, FL for submerged membrane units from Japan

05/24/2011 Town of Smyrna, DE for inverter-driven ductless split HVAC systems from Japan and Thailand

05/09/2011 City of South Burlington, VT for turbo aeration blower units

4/27/2011 Virginia Department of Environmental Quality (VADEQ) for Leaking Underground Storage Tank Grant for de minimis incidental components of eligible projects for Clean and Drinking Water State Revolving Funds projects

4/5/2011Bayonne Municipal Utilities Authority, NJ for a Leitwind LTW 77 wind turbine generator

4/1/2011Salt Lake City, UT for three vertical linear motion mixers from Canada

4/1/2011City of Amarillo, TX for a 5 horsepower (HP) non-clog submersible pump, with NSF compliant wetted parts and appurtenances

4/1/2011 DeSoto Parish Waterworks District 1, LA for three (3) packaged, Memcor XS 48 submerged membrane filtration Systems (MFSs)

2/8/2011Hernando County Utilities Department, FL for wafer swing check valves from China

2/7/2011City of Seattle, WA for semi-rigid protection boards from British Columbia

1/19/2011City of Columbia, MO for density analyzers

1/14/2011Inland Empire Utilities Agency, CA for air release vacuum valves from Israel for density analyzers

1/14/2011Lake County Special Districts, CA for non-slam check valves

1/13/2011Hyannis Water System, MA for security cameras

1/3/2011Town of Smyrna, DE for pressure filter media from Brazil

12/30/2010Buffalo Island Regional Water District, AR for vertical hollow shaft electric motor

12/20/2010Woodlake Tax District, CT for submersible well pump

12/14/2010City of Astoria, OR for slide gate and stop logs/guides from Canada

12/9/2010Central Iowa Water Association, IA for in-home water meter monitors from Malaysia

11/22/2010Utah Division of Water Quality, UT for coconut fiber mats from India and Sri Lanka

11/4/2010Town of Taos, NM for 40 lb/yd ASCE crane railing

11/3/2010Town of Windsor, CA for mild steel well casing

10/29/2010 - City of Palmer, AK for rotary screw air compressors from England and Belgium

10/28/2010 - Newport Borough Water Autority, PA for membrane filtration cassettes from Hungary

10/28/2010 - City of Kimberly, ID for ultra low harmonics variable frequency drives from Finland

10/19/2010 - City of Lowell, MA for heat recover ventilator

9/24/10Town of Bristol, RI for sluice gates from Canada

9/24/10City of Lewiston, ME and the Auburn, Maine Water District for pipe fittings

9/24/10City of Lowell, MA for pipe fitting

8/31/10Town of Sturbridge, MA for submersible mixer

6/24/10City of Newport, RI for ultraviolet disinfection system

6/8/10City of Richland, WA for cement lined mechanical joint reducer tee fitting

6/7/10City of Bridgeport, WA for large diameter PVC pipe from Canada

6/2/10Canaan Valley Public Service District, West Virginia for membrane bioreactor system from Japan

5/7/2010Warren County, OH for ultraviolet disinfection system from Canada

5/7/2010City of Faribault, MN for high speed, high efficiency magnetic bearing turbo-compressors from Finland

5/7/2010City of Coldwater, MI for high speed, high efficiency magnetic bearing turbo-compressors from Sweden

5/7/2010City of Auburn, IN for high speed, high efficiency magnetic bearing turbo-compressors from Sweden

5/7/2010Albuquerque Bernalillo County Water Utility Authority, NM for acoustic leak detection sensors/loggers

4/27/2010Town of Falmouth, MA for wind turbine

3/5/2010Inland Empire Utilities Agency, CA for air release vacuum valves

3/1/2010Marin Resource Conservation District Project #C–06–6922–110 Funded by the California CWSRF ARRA Loan #09–306–550 for solar-powered submersible pump system from Denmark

2/26/2010Inland Empire Utilities Agency, CA for data collection transducers from Canada

2/24/2010Massachusetts Water Resources Authority for wind turbine

2/24/2010Mecklenburg County, NC, Land Use and Environmental Services Agency for coconut fiber mats from India and Sri Lanka

2/24/2010Old Town Water District, ME for pressure filter media from Brazil

2/23/2010 - North Pole, AK for water meter monitor with leak detection indicator from Malaysia

2/9/2010City of Gloucester, MA for rotary sludge dewatering equipment from Canada

2/9/2010Town of Troy, VT for butterfly valves and actuators on a factory assembled filter skid

2/8/2010Auburn, Indiana Department of Water Pollution Control for flushing gate system from Canada

2/5/2010City of LaSalle, IL for membrane bioreactor membrane racks from Australia and China

2/3/2010 - Richland, WA for fine pore diffusers from Austria

2/3/2010 - Albany County Sewer District, NY for Organic Rankine Cycle turbine generator from Italy, Israel & Germany

2/3/2010 - West Milford Township Municipal Utilities Authority, NJ for membrane bioreactor unit with flat-plate membrane cartridges from Japan

1/21/2010Gwinnett County Department of Water Resources, GA for submersible pumps

1/5/2010Valley City, ND for membrane filters from Canada

12/30/2009North Conway, NH Water Precinct for fine pore diffusers from Germany

12/30/2009Massachusetts Water Resources Authority, MA for hydroelectric generator

12/17/2009Town of Taos, NM for Town of Taos Water Reclamation Facility MBR upgrade Zenon ZeeWeed MBR from Canada

12/8/2009Frederick County, MD for membrane bioreactor system from Canada

11/25/2009Johnston County Department of Public Utilities, NC for resin beads used in drinking water treatment from Australia

11/25/2009Gwinnett County, GA, Department of Water Resources for anaerobic digester gas fueled engine generator set from Austria

11/17/2009Town of Newburyport, MA for rotary sludge dewatering presses from Canada

11/17/2009Town of Greensboro, MD for moving bed biological reactor containment drum from Canada

11/9/2009City of Washburn, ND for submerged membrane filters from Canada

10/20/2009Village of Ruidoso/City of Ruidoso Downs, NM for membrane bioreactor filtration cassettes and aeration blowers

9/24/2009City of Salem, NJ for membrane filtration system from Canada

9/17/2009Canaan Valley Public Service District, WV for membrane filtration cassette from Canada

9/11/2009Kennebec Water District in Waterville, ME for specific cast iron valve boxes from Canada

9/2/2009Utah Division of Wildlife Resources, UT for coconut fiber woven mats from India & Sri Lanka

9/1/2009Town of Cape Charles, VA for membrane filtration cassettes from Canada

8/28/2009Bristol Family Center Water System in Bristol, VT, the Kids in the Country School Water System in Dover, VT, and the Otter Valley Union High School Water System in Brandon, VT for NSF-55 Class A certified UV disinfection equipment from Canada

8/28/2009Plymouth Village Water & Sewer District, NH for 6 channel rotary press sludge dewatering unit from Canada

8/13/2009City of Ocean Shores, WA for resin beads from Australia

8/11/2009Hooksett, New Hampshire Sewer Commission for polyethylene biofilm chip media from Germany

7/28/2009Sharon Elementary School Water System, Sharon, VT for Class A certified UV disinfection units from Canada

7/28/2009Lewiston, ME Department of Public Services for constant flow regulator from Canada

7/9/2009Claywood Park Public Service District, WV for blowers for sequencing batch reactor basins from Germany

6/29/2009State of New Hampshire Department of Environmental Services’ Winnipesaukee River Basin Bureau, NH for Franklin Air bearing turbo aeration blowers, appurtenances, and main blower control panel from South Korea

6/22/2009Auburn, ME Sewerage District for ductile iron spring loaded hinged manhole covers and frames from France

USDA: Rural Utilities Service

Project Waivers

2/3/2010Plymouth Village Water & Sewer District, New Hampshire

USDA: Rural Housing Service

Project Waivers

3/1/2011Drew County, Arkansas

8/12/2010Custer County, South Dakota

Department of Energy

Project/Regional Waivers

5/24/2011 - Golden Triangle Regional Solid Waste Management Authority for the Austrian made GE Jenbacher JMC 320 gas reciprocating engine being used in the landfill gas to energy project

5/24/2011 - Texas State Energy Office for 300 Spanish Red Clay Tiles to be used on the Eagle Pass Library roof

Department of Energy

Nationwide Waivers

8/5/2011Nationwide Categorical Waivers for speed pumps, bi-directional bicycle counters, LED bulbs for retrofits of HPS streetlights, bathroom ventilation fan with built-in occupancy sensors, solar thermosiphon water heating systems, indirect-fired absorption chillers, electric drive submersible pump motors and flush-to-handrail LED lighting systems

8/5/2011Nationwide Categorical Waivers for 5 kilowatt and 50 kilowatt wind turbines

5/24/2011Nationwide Categorical Waivers for: 400 to 750 watt micro hydro-turbines meeting certain specifications; Oil fired direct vent space heaters for use in buildings that do not have ducts or piping for boiler heating systems; ENERGY STAR rated electric heat pump water heaters and ENERGY STAR rated through-the-wall air conditioners; Grid tied solar inverters of 800W or less, for applications where the panels generate 139VDC or less (not including micro-inverters); 50 hp TEFC inverter duty motors for use in an existing Marley cooling tower; Geothermal heat pumps for demonstration scale waste heat geothermal systems that allow the direct use of untreated wastewater to heat and cool commercial buildings; Point to point/point to multi-point electronic broadband microwave radio systems with alignment tone and IE browser interface; LED luminaires for roadway illumination with customized filter application to meet specific lighting requirements of Mauna Kea observatory; Compressed Natural Gas (CNG) compressors, able to provide 3600 psi (248 bar) temperature compensated CNG supply to fast fill storage and fueling dispensers, efficient and adaptable to a small fleet (approximately 5 vehicles), as well as the wireless remote shut down controls (transmitters and receivers) for those CNG systems; 8000W solar inverters for use with U.S. manufactured 315W panels; Electronically commutated motor (ECM) type inline pumps; and Inverters that permit optimal output of four (4) or more types of modules per array connected to inverter that will be used on eligible EERE-Recovery Act funded projects.

2/22/2011Six-month extension of the amended nationwide limited waiver with respect to the following solar photo-voltaic (PV) equipment: (1) Domestically-manufactured modules containing foreign-manufactured cells, (2) Foreign-manufactured modules, when completely comprised of domestically-manufactured cells, and (3) Any ancillary items and equipment (including, but not limited to, charge controllers, combiners and disconnect boxes, breakers and fuses, racks, trackers, lugs, wires, cables and all otherwise incidental equipment with the exception of inverters and batteries) when utilized in a solar installation involving a U.S. manufactured PV module, or a module manufactured abroad but comprised exclusively of domestically-manufactured cells until August 6, 2011. This waiver expires August 6, 2011 (six months from the date of expiration of the original waiver).

2/22/2011Nationwide categorical waivers for (1) two-stage, steam heated absorption chillers rated at 500–1,500 tons; (2) single wall evacuated tube collectors for solar thermal systems (when used in an educational context for the purposes of comparing relative efficiency of solar thermal technologies); (3) 2-ton adsorption chillers (for educational purposes, or where alternative technologies are not serviceable); (4) LED Lamp and controller for studio lights in a television broadcast studio (where a CRI (Color Rendition Index) sufficient to render accurate flesh tones and natural colors and a precise color tuning control to dial in exact color temperature for accurate colors under multiple lighting setups are required); (5) Global Positioning System (GPS) Time Source Modules (to serve as direct communication link between a county or city’s Traffic Management System (TMS) and the Caltrans Traffic Signal Management and Surveillance System (CTNET)); and (6) elongated wall-hung rear spud toilets (bowl and hardware)

11/26/2010Withdrawal of waiver issued on February 11, 2010 for LED traffic lights, arrows and crosswalk signals, as well as the adjacent wires and electronic parts necessary for the functionality of the lights themselves as at least one manufacturer of LED traffic signals (including stop-lights, crosswalk lights and arrows) has recently relocated some of its manufacturing from Mexico back to the United States. These products are now manufactured in the United States of satisfactory quality and in reasonably available quantities to satisfy the project needs of EERE Recovery Act grant recipients.

11/26/2010Nationwide categorical waiver for (1) surface mounting time switches with 24-hour program dials and single-pole-double-throw switches; (2) HVAC units with 8.375′ W x 9.5′ H x 2.72′ D—Only when the application requires an HVAC unit with a height of 10′ or less due to documented space constraints; (3) low temperature thermostats with a temperature range of 15–55 degrees Fahrenheit and manual reset; (4) Programmable DDC controllers for LON protocol, where an existing LON system exists that will not interface with other protocols without the input of extensive time and expense equal to or greater than the cost of the controllers themselves; and (5) Hardware necessary for implementation of Honeywell Enterprise Buildings Integrator (EBI) software for integration of water management and HVAC systems including: Customized Dell PowerEdge T610 Computer Server; Honeywell XL50UMMIPC-CBLON; Echelon LPR–10 #42100R; Sloan—MCR231–D; Sloan—MCR140

10/21/2010Nationwide limited waiver with respect to: (1) Motorized automatic two wing revolving doors that open via the motor upon a fire alarm to accommodate smoke evacuation, retract to full open position under Fire Alarm status and remain in the open position until the alarm is cleared, are compliant with the Americans with Disabilities Act, and possess both sliding and swinging door that allows entry/exit through the sliding doors while the revolving section is being serviced; (2) self-contained photovoltaic LED area lighting systems with a non-corrosive, stainless steel, powder-coated antiweathering shell, that do not succumb to the sail effect, possess flat plate lens optics with directional lamp lens, dark sky capability, and full cutoff conformity; (3) ultrasonic directional sensors and DC300 facility controllers for a parking guidance system which integrates with American designed intelligent parking guidance system software allowing real-time updates to a central location and via the Internet; (4) load Management Ripple Control Receivers for an existing load management system; and (5) LED tube lights to replace T8 fluorescents that meet the April 2010 DOE recommended performance specifications that will be used on eligible EERE-Recovery Act funded projects.

10/21/2010UPDATED nationwide limited waiver with respect to the following solar photo-voltaic (PV) equipment: (1) Domestically-manufactured modules containing foreign-manufactured cells, (2) foreign-manufactured modules, when completely comprised of domestically-manufactured cells, and (3) any ancillary items and equipment (including, but not limited to, charge controllers, combiners and disconnect boxes, breakers and fuses, racks, trackers, lugs, wires, cables and all otherwise incidental equipment with the exception of inverters and batteries) when utilized in a solar installation involving a U.S. manufactured PV module, or a module manufactured abroad but comprised exclusively of domestically-manufactured cells.

8/25/2010Nationwide Limited Public Interest Waiver for the following solar photo–voltaic (PV) equipment: (1) Domestically–manufactured modules containing foreign–manufactured cells, (2) Foreign–manufactured modules, when comprised of 100 percent domestically–manufactured cells, and (3) Any ancillary items and equipment (including, but not limited to, charge controllers, combiners and disconnect boxes, breakers and fuses, racks, trackers, lugs, wires, cables and all otherwise incidental equipment with the exception of inverters and batteries) when utilized in a solar installation involving a U.S. manufactured PV module, or a module manufactured abroad but comprised exclusively of domestically–manufactured cells

8/25/2010Nationwide Categorical Waivers for 24–leaf, motorized DMX iris units; induction lamps and ballasts for induction lighting systems (excluding fixtures for induction lighting); Enphase micro–inverters for solar photovoltaic systems; gas or propane commercial–scale high efficiency condensing wall hung boiler with indirect water heater, 94% or greater efficiency and a BTU output below 350,000, constructed with SA240–316 Ti stainless steel; large format solar thermal collectors for integrated district heating systems (includes only high–performance flat plate solar collectors that possess the ability to limit the convective heat loss from the absorber plate to the cover glass, effectively minimizing heat losses to less than 2.6 W/m2K; the capability of sustaining output temperatures of 195 degrees F; and a gross collector area of greater than 150 ft2); turbochargers for Mitsubishi/Man 52/55B diesel generator engine (only in circumstances where replacing an existing MAN/NA48T turbocharger); and Liebert Variable Speed Upgrade Kits and Liebert iCOM Control Upgrade kits for the Liebert Chilled Water Deluxe heating, cooling, and humidification space conditioner

5/24/2010Nationwide Nonavailability Waiver for nonİ\residential programmable thermostats; commercial scale fullyİ\automatic wood pellet boiler systems; facility and small district wood pellet and chip boiler furnaces; variable refrigerant flow zoning and inverterİ\driven ductless miniİ\split HVAC systems; electrical “smart” strips/surge protectors; gas or propane tankless water heaters up to 200,000 BTUs; and fullyİ\enclosed continuous composting systems

5/24/2010De Minimis Public Interest Waiver

3/19/2010Nationwide Limited Public Interest Waiver for LED Lighting and HVAC Units

2/11/2010Nationwide Categorical Waivers for LED traffic lights, arrows, and crosswalk signals; fluorescent electronic lighting ballasts (with the exception fo electronic dimming ballasts for fluorescent lamps that are capable of operating the lamps at below 50% of their rated light output); and screw–base and pin–base compact fluorescent lamps (CFLs) (with the exception of plug–in CFLs longer than 10 inches)

Department of Housing and Urban Development

Nationwide

4/2/2010 – The domestic purchasing requirement of section 1605(a) of the American Reinvestment and Recovery Act of 2009 (Recovery Act) will not be applied as a condition of Recovery Act financing in Public Housing Capital Fund Recovery Formula and Competitive Grant Programs (Capital Fund Recovery Program) with respect to Canadian iron, steel, and manufactured products in procurement above $7,804,000 for construction services through September 30, 2011.
http://edocket.access.gpo.gov/2010/pdf/2010–7490.pdf

4/2/2010 – The domestic purchasing requirement of section 1605(a) of the American Reinvestment and Recovery Act of 2009 (Recovery Act) will not be applied as a condition of Recovery Act financing in the Community Development Block Grants Recovery (CDBG–R) Program with respect to Canadian iron, steel, and manufactured products in procurement above $7,804,000 for construction services through September 30, 2011.
http://edocket.access.gpo.gov/2010/pdf/2010–7485.pdf

10/21/2009 – National exceptions to the Buy American requirements of the Recovery Act have been determined applicable for projects using Community Development Block Grant–Recovery (CDBG–R) funds and Neighborhood Stabilization Program 2 (NSP2) funds.
http://edocket.access.gpo.gov/2009/pdf/E9–25217.pdf

9/11/2009 – the exceptions determined applicable, without the necessity of a grantee to seek an individual exception determination, are as follows:

  • Nonavailability waiver from another federal agency
  • Nonavailability waiver from another HUD office
  • Where the size of the CFRFC grant is less than $100,000
  • Where the size of a contract funded with CFRFC grant assistance is less than $100,000, regardless of the size of the PHA
  • Any project substantially under contract or under way prior to acceptance of CFRFC funds

Department of Housing and Urban Development

Project/Regional

11/18/201Philadelphia Housing Authority and the Chattanooga Housing Authority for a single zone, ductless split Heating, Ventilation and Air Conditioning (HVAC) system; and linoleum flooring

10/28/2011Cambridge Housing Authority of Cambridge, MA for a Variable Refrigerant Volume heat pump system and vented limited gas regulators

10/4/2011Cambridge, MA and Denver, CO for programmable limiting thermostats and refrigerators and microwave ovens.

8/23/2011Malden, MA and Philadelphia Housing Authority, PA for side-opening ovens for ductless split air conditioning systems and convection microwave ovens

06/24/2011Medford, MA for side-opening Uniform Federal Accessibility Standards (UFAS)-compliant ovens

05/05/2011Luzerne County, PA for ductless split air conditioning unit

4/29/2011City of Charleston Housing Authority, SC for tankless gas water heaters

4/29/2011City of Minneapolis Housing Authority, MN for compact fluorescent lamps and fluorescent electronic light ballasts

02/11/2011 – to the St. Clair Shores Housing Commission of St. Clair Shores, MI for the purchase and installation, of Ground Fault Circuit Interrupter (GFCI) outlets and electronic door chimes at the Leisure Manor Apartments I & II, and to the Housing Authority of the City of Columbia, Columbia, SC, for the purchase and installation of door stops, GFCI receptacles, telephone wall communication plates, range outlets, telephone/CATV combo communication wall plates, three-way switches, single pole switches, dryer outlets, door chimes and door viewers at the Dorrah-Randall Phase VI Modernization Project.

12/27/2010 – the Chicago Housing Authority for the purchase and installation of through-the-wall air conditioners, floor-mounted water closets, and low voltage electrical components at the Dearborn Homes project.

12/13/2010 – the Chicago Housing Authority for the purchase and installation of microwave ovens and Ground Fault Circuit Interrupter (GFCI) outlets for the Kenmore Apartments project.

11/12/2010Housing Authority of the County of Cook for the purchase and installation of through-the-wall air conditioning units and Ground Fault Circuit Interrupter (GFCI) outlets for the Riverdale Senior Apartments project.

10/15/2010 – the Cambridge Housing Authority for the purchase and installation of energy efficient bathroom exhaust fans and linoleum flooring for the Fairmont Street, Valentine Street and Jackson Street projects, and for the purchase and installation of energy efficient, hot water baseboards for its Harry S. Truman Apartments heating conversion project.

10/1/2010 – the Cambridge Housing Authority for the purchase and installation of energy efficient bathroom exhaust fans for the Washington Elms project.

10/1/2010 – the New Smyrna Beach Housing Authority in New Smyrna Beach, FL for the purchase and installation of tankless water heaters for the Donnelly Homes, Greenlawn Terrace, Live Oaks Homes, and Enterprise Homes projects.

9/9/2010 – the Greene County Housing Authority, in White Hall, IL, for the purchase and installation of 50-amp range receptacles and thermostats.

8/11/2010 – the Chicago Housing Authority for the purchase and installation of marmoleum and linoleum floor tiles, dishwashers that are compliant with the Americans with Disabilities Act (ADA-compliant dishwashers), Ground Fault Circuit Interrupter (GFCI) outlets and an Audio/Video entry and dwelling communications system at the Pomeroy Apartments.

8/2/2010 – the Tampa Housing Authority for the purchase and installation of tankless hot water heaters at the North Boulevard Homes and mini–split ductless Heating, Ventilation and Air Conditioning (HVAC) systems at the Mary Bethune High Rise, and to the King County Housing Authority for the purchase of energy efficient bathroom ventilation fans.

3/26/2010 — the Housing Authority of Owensboro for the purchase and installation of tank–less water heaters at Adams Village

3/26/2010 – the South Haven Housing Commission, of South Haven, MI, for the purchase and installation of AKW Mullen shower stalls at the River Terrace Senior Apartments.

3/26/2010 – the Oshkosh Housing Authority, in Oshkosh, WI, for the purchase and installation of a City Multi R2 ductless, variable refrigerant flow (VRF) split system for Heating, Ventilation, and Air Conditioning (HVAC) renovations at the Mainview Apartments

3/19/2010 – the Seattle Housing Authority for the purchase and installation of an Access Control and Alarm Monitoring system at the Denny Terrace and Lake City Village projects, and to the Everett Housing Authority, in Everett, WA, for the purchase and installation of two ductless split systems for the Elevator Modernization and Generator Replacement project at Bakerview Apartments

3/17/2010 – the West Valley Housing Authority for the installation of a ductless split system during the LaCreole Manor Heating, Ventilation and Air Conditioning (HVAC) and Water Distribution Replacement Project

3/5/2010 – the Bedford Township Housing Commission for the purchase and use of coil roofing nails

2/10/2010 – the Housing Authority of Portland, Oregon for the installation of continuous venting range hoods as a part of the modernization of five public housing projects (Demar Downs, Fir Acres, Stark Manor, Townhouse Terrace and Celilo Court).

1/11/2010 – the Wilkes–Barre Housing Authority for the purchase and installation of tank–less water heaters in the Mineral Springs Village and Boulevard Town Homes

12/29/2009 – the Chicago Housing Authority for the purchase and installation of a variable refrigerant flow (VRF) system, associated fan coils and rooftop units (RTUs) in the Kenmore Apartments project, and to the Metropolitan Development and Housing Agency, in Nashville, TN, for the purchase and installation of a variable refrigerant volume (VRV) Heating, Ventilation, and Air Conditioning (HVAC) system at the Edgefield Manor property.

12/21/2009 – the San Antonio Housing Authority in San Antonio, Texas, for the purchase and installation of a Variable Refrigerant Volume (VRV) heat recovery system for the Lewis Chatham modernization project, and to the Housing Authority of Portland, in Portland, Oregon, for the purchase of Farbo Marmoleum flooring for several modernization projects.

12/18/2009 – the Bay City, Michigan Housing Commission for the purchase and installation of tank–less water heaters in the Scattered Site Plumbing and Mechanical Project, and to the Housing Authority of Portland, Oregon’s purchase of all iron, steel, and manufactured goods involved in the construction of the Resource Access Center.

6/30/2009 – the Boston Housing Authority for construction of units for Phase 1B of the Washington Beech HOPE VI project

Department of Health and Human Services

National Waivers

6/28/2010De Minimis Incidental Components of Indian Health Service Sanitation Facilities Construction Projects

Department of Education

Project Waivers

6/28/2010Indian River Central School District, Philadelphia, New York for use of compatible telephones, servers, and software as well as American Power Conversion (APC) power supply and surge suppression equipment

6/2/2010Poplar School District, Poplar, MT for T8 4–foot electronic ballasts

Bureau of Reclamation

Project/Regional

09/01/2011Sunnyside Division Board of Control in Sunnyside, Washington for ductile iron flanges

05/27/2011Deschutes River Conservatory for ductile iron flanges

Department of Commerce

Waivers

07/01/2009Certain broadband equipment that will be used in projects funded under the Broadband Technology Opportunities Program (BTOP) including: Broadband Switching Equipment necessary to establish a broadband communications path between two points; Broadband Routing Equipment that routes data packets throughout a broadband network. Broadband Transport Equipment for providing interconnection within the broadband provider?s network. Broadband Access Equipment facilitating the last mile connection to a broadband subscriber. Broadband Customer Premises Equipment and End-User Devices that connect to a broadband network. Billing/Operations Systems Equipment that is used to manage and operate a broadband network or offer a broadband service.

US Air Force

Project/Regional Waivers

4/04/2011for the following construction items to be incorporated into the project FTQW094001 for the construction and replacement of military family housing units at Eielson AFB, Alaska under task order FA8903–06–D–8505–0019. The items are 1 Collated Screws, Shank #10; 1 1⁄2 (Taco) Air Scoops for Hydronic Heating Systems; 1 5⁄8 Ceramic Coated Bugle Head Course Thread Screws; 2 (Taco) Air Scoops for Hydronic Heating Systems; 2 1⁄2 (Taco) Air Scoops for Hydronic Heating Systems; 2 1⁄2 Collated Screws; 3 Ceramic Coated Bugle Head Course Thread Screws; 3 Spool Insulators; 3⁄4 Collated Screws, Shank #10; 3-Bolt Guy Clamp; Ceiling Fan; Ceiling Fan w/Light Kit; Door Hinge Pin Stops; Exterior Wall Mount Two Head Flood Light w/270 Degree Motion Sensor & Brushed Nickel Finish; Ground Fault Circuit Interrupt (GFCI) Receptacles; Handrail Brackets; Maclean Power Systems Guy Attachment; Residential Style Satin Chrome Handrail Bracket; Satin Nickel Outdoor Sconce Light Fixture; Tamper-Resistant Ground Fault Circuit Interrupt (GFCI) Receptacles; Weather-Resistant Ground Fault Circuit Interrupt (GFCI) Receptacles; Pendant Bar Light Fixture; 24 Bath Vanity Light Fixture; Pendant Chandelier Light Fixture; Linear Fluorescent Ceiling Lighting Fixture (48 Lensed Fluorescent w/Dimming Ballast & Satin Aluminum Finish); 48 Bath Vanity Light Fixture; 20 Utility Shelf Bracket; Chrome Finish Residential Dishwasher Air Gap Cap Fitting; Satin Chrome Finish Convex Wall Mount Door Stops; Residential Microwave w/Range Hood; Residential Style Polished Chrome Towel Ring; Residential Style Polished Chrome Toilet Paper Holder; Residential Style Polished Chrome Double Robe Hook; Residential Style Bright Stainless Steel 60 Curved Shower Rod & Flanges; Residential Style Polished Chrome 24 Towel Bar; Residential Style Polished Chrome 30 Towel Bar; Satin Nickel

Finish Wall Mounted Spring Door Stop.

 

3/21/2011 – for the of the following construction items to be incorporated into the project FTQW094001 for the construction and replacement of military family housing units at Eielson

AFB, Alaska under task order FA8903–06–D–8505–0019. The items are 1 Collated Screws, Shank #10; 1–1⁄2 (Taco) Air Scoops for Hydronic Heating Systems; 1–5⁄8 Ceramic Coated Bugle Head Course Thread Screws; 2 (Taco) Air Scoops for Hydronic Heating Systems; 2–1⁄2 (Taco) Air Scoops for Hydronic Heating Systems; 2–1⁄2 Collated Screws; 3 Ceramic Coated Bugle Head Course Thread Screws; 3 Spool Insulators; 3⁄4 Collated Screws, Shank #10; 3 Bolt Guy Clamp; Ceiling Fan; Ceiling Fan w/Light Kit; Door

Hinge Pin Stops; Exterior Wall Mount Two Head Flood Light w/270 Degree Motion Sensor & Brushed Nickel Finish; Ground Fault Circuit Interrupt (GFCI) Receptacles; Handrail Brackets; Maclean Power Systems Guy Attachment; Residential Style Satin Chrome Handrail Bracket; Satin Nickel Outdoor Sconce

Light Fixture; Tamper-Resistant Ground Fault Circuit Interrupt (GFCI) Receptacles; Weather-Resistant Ground Fault Circuit Interrupt (GFCI) Receptacles; Pendant Bar Light Fixture; 24 Bath Vanity Light Fixture; Pendant Chandelier Light Fixture; Linear Fluorescent Ceiling Lighting Fixture (48 Lensed Fluorescent w/Dimming Ballast & Satin Aluminum Finish); 48 Bath Vanity Light Fixture; 20 Utility

Shelf Bracket; Chrome Finish Residential Dishwasher Air Gap Cap Fitting; Satin Chrome Finish Convex

Wall Mount Door Stops; Residential Microwave w/Range Hood; Residential Style Polished Chrome Towel Ring; Residential Style Polished Chrome Toilet Paper Holder; Residential Style Polished Chrome Double Robe Hook; Residential Style Bright Stainless Steel 60 Curved Shower Rod & Flanges; Residential Style Polished Chrome 24 Towel Bar; Residential Style Polished Chrome 30 Towel Bar; Satin Nickel Finish Wall Mounted Spring Door Stop.