01 34 01 BUY AMERICAN PROVISIONS (ARRA)
Note to Specifier: The Buy American provisions described in this Section apply to the purchase of iron, steel, and manufactured goods used in projects for construction, alteration, maintenance, or repair to public buildings or public works that receive funding from the Federal Government under the American Recovery and Reinvestment Act (ARRA) of 2009. These provisions may not apply to projects with a Contract Price of $7,804,000 or more if the recipient or sub-recipient is a party to applicable international agreements that would otherwise allow the use of goods/products manufactured in foreign countries.
Note to Specifier: Waivers may be granted by the funding agency under certain circumstances as described in this Section. Additional waivers may be granted for solar technologies and incidental items that comprise no more than 5% of the total cost of the iron, steel, and manufactured goods used in and incorporated into the Project.
1.00 GENERAL
1.01 REQUIREMENTS TO BUY AMERICAN
A. Funding for this Project is derived in part or entirely from the Federal Government under the American Recovery and Reinvestment Act (ARRA) of 2009. Comply with Laws and Regulations related specifically to ARRA. This requirement applies regardless of other Laws and Regulations.
1.02 DOCUMENTATION
A. Provide documentation of compliance with Buy American provisions.
1. Provide a tabulation of the manufactured goods to be provided under this Project in the Form provided to indicate compliance with Buy American provisions.
2. Provide information and certifications required by SECTIONS 01 33 02 SHOP DRAWINGS and SECTION 01 33 03 RECORD DATA to demonstrate compliance with the Buy American provisions.
B. Provide other documentation of compliance as requested by the Owner, including:
1. Language in documents/contracts that obligates Subcontractors and Suppliers to comply with the Buy American provisions;
2. Documented certifications from Subcontractors or Suppliers verifying that the product was manufactured domestically;
3. Detailed and verifiable information supporting claims that manufactured products have undergone substantial transformation in the United States; and/or
4. Waivers for noncompliant products per Paragraph 1.03; and/or
5. Other reasonable documentation requested.
1.03 WAIVERS
A. Products that do not meet the requirements of the Buy American provisions may be used if a waiver is obtained from the US Department of Energy Office of Energy Efficiency and Renewable Energy (EERE).
B. Waivers may be granted at the discretion of the EERE under the following circumstances:
1. Nonavailability: Manufactured products that are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality.
2. Unreasonable Cost: Inclusion of products manufactured in the United States will increase the cost of the overall Project by more than 25 percent.
3. Public Interest: Applying the Buy American provisions would be inconsistent with the public interest.
C. Obtain EERE Waiver before submitting Shop Drawing or Record Data per Paragraph 1.02. Provide documentation of the EERE Waiver.
D. Contractor assumes all responsibility for noncompliant products if purchased prior to receiving a waiver.
1.04 PROVIDING PRODUCTS
A. Obtain certifications from Subcontractors and Suppliers to indicate that products offered for incorporation into the Project comply with Buy American provisions.
B. Inspect products when received to determine that they comply with Buy American Provisions.
1.05 NONCOMPLIANT PRODUCTS
A. Noncompliant products are Defective. Do not install noncompliant products unless a waiver is obtained. Remove and replace products determined to be noncompliant with products meeting the Buy American provisions, unless a Waiver is obtained from EERE.
B. Owner may elect to accept the Defective Work under provisions of the General Conditions, provided the Contract Price is reduced to reimburse the Owner for money lost from funding agencies as a result of using noncompliant products.
C. Contractor is responsible for delays which result from use of noncompliant products.
2.00 PRODUCTS (NOT USED)
3.00 EXECUTION (NOT USED)
END OF SECTION
Buy American Provisions (ARRA) 01 34 01 - 1
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[Insert Project Name and Number] 11-25-2013