Buy American
Entitled "Buy American," Section 1605 of the Act prohibits the use of funds appropriated for any project involving 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, subject to certain exemptions. For manufactured goods, such as the lighting products Hubbell Lighting produces, there are no restrictions on the country of origin of the iron or steel used in making manufactured goods. Additionally, there is no "cost of components" test for manufactured goods to be considered produced in the United States under the ARRA.
Section 1605 also requires that this Buy American restriction be applied in a manner consistent with the United States’ obligations under international agreements such as World Trade Organization Government Procurement Agreement (WTO GPA) and the North American Free Trade Agreement (NAFTA)and others.
Hubbell Lighting produces many lighting products in the US, and in other eligible countries. Determining whether a particular product produced outside the United States is eligible for an ARRA-funded project depends on the contracting entity (federal vs. non-federal), the value of the project and any other project procurement rules. Therefore it is vital that the specific procurement rules are identified upfront.
Since the passage of ARRA, two sets of interim procurement rules have been issued covering ARRA-funded contracts:
- The Federal Acquisition Regulation (FAR) interim rule for direct federal procurements that use ARRA funds.
- The Office of Management and Budget (OMB) interim rule for ARRA financial assistance awards to states and non-federal entities.
These two sets of interim rules, while similar, contain some meaningful differences.
- If the project uses ARRA funds and is contracted by a federal entity, then the FAR interim rules apply.
- If the project uses ARRA funds and is contracted by a non-federal entity (states and municipalities), then the OMB interim rules apply and the specific procurement requirements will be identified by the project’s specifications.
- If the project does not use ARRA funds, then the traditional FAR, DFAR, etc. rules apply for federal contracts.
For Federal ARRA-Funded Projects:
All of Hubbell Lighting’s products listed in this guide are considered Commercially Available Off-The- Shelf (COTS) items and can qualify for many different FAR clauses depending on where the products are manufactured (substantially transformed). The main product levels are as follows.
For Non-Federal ARRA-Funded Projects:
Hubbell Lighting’s products may qualify for ARRA-funded projects contracted by a non-federal entity (states and municipalities). The OMB interim rules apply to these projects, which may limit the eligible products.
There may also be unique state or local requirements for US produced products, Free Trade Agreement requirements, Government Procurement Agreement or other requirements. Since different requirements apply in different situations it is critical that the contract procurement rules are identified upfront.
Hubbell Lighting experts are available for design support and assistance on any lighting question. Call us at (864) 678-1000.