North Troy HVAC and AHU RFIs 8-17-22.pdf

North Troy AHU and HVAC Amendment 0001

Government Responses to Industry’s Questions 8/17/2022

Equipment vendors’ products are produced both in the U.S. and foreign countries, and those products include domestic and foreign components and subcomponents, and no product offered by vendors is wholly produced in America and of 100% U.S.

materials as defined at 49 U.S.C. §50101(a).

Therefore, we request the Government project sponsor / Manager obtains a project specific Type III Waiver, at 49 U.S.C.

§50101(b)(3), for facility construction. To clarify, in order for this vendor to participate, it must be a Type III waiver for a FACILITY that is approved.”

Buy American policy for construction materials can be found at FAR 25.201. Section (a) of the policy states that “Except as provided in 25.202, use only domestic construction materials in construction contracts performed in the United States.” Further, section (b) provides the two-part test to define domestic construction materials: “The Buy American statute restricts the purchase of construction materials that are not domestic construction materials. For manufactured construction materials, the Buy American statute and E.O. 13881 use a two-part test to define domestic construction materials.

(1) The article must be manufactured in the United States;

and

(2)

(i) Except for construction material that consists wholly or predominantly of iron or steel or a combination of both, the cost of domestic components must exceed 55 percent of the cost of all the components. In accordance with 41 U.S.C.

1907, this domestic content test of the Buy American statute has been waived for acquisitions of COTS items (see 12.505(a)).

(ii)For construction material that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5 percent of the cost of all the components used in such construction material (see the definition of "foreign iron and steel" at 25.003). The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. This domestic content test of the Buy American statute has not been waived for acquisitions of COTS items in this category, except for COTS fasteners.”

The citation 49 U.S.C. §50101(a) listed in the RFI is a Department of Transportation regulation and has no bearing on this procurement. The only exceptions to the Buy American policy can be found at FAR 25.202.

https://www.acquisition.gov/far/part-25#FAR_25_202