BUY AMERICAN

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Author Message Wayne Yancey Senior Member Username: wayne_yancey Post Number: 886 Registered: 01-2008 Posted on Monday, October 22, 2018 - 06:03 pm:    I am specifying my first project with all materials subject to BUY AMERICAN requirements. Anyone out there have spec language for BUY AMERICAN? Which Div01 Section? Section 016000 is my first choice. Thanks. David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1734 Registered: 03-2002 Posted on Monday, October 22, 2018 - 06:07 pm:    Wayne, I think I remember Anne Whitacre being involved with Buy American projects. David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Dewayne Dean Senior Member Username: ddean Post Number: 174 Registered: 02-2016 Posted on Monday, October 22, 2018 - 06:22 pm:    We used this language in project a few years ago: The Project NEEDS TO COMPLY with The Buy American Act Information; eg. (Reference 25.1102- Acquisition of Construction – “American Recovery and Reinvestment Act” of 2009, Pub. L. 111-5, Recovery Act). John Bunzick, CCS, CCCA, LEED AP Senior Member Username: bunzick Post Number: 1766 Registered: 03-2002 Posted on Monday, October 22, 2018 - 06:24 pm:    I think it should be in the contract, not the specifications. Also, when you look at the regulatory language that implements the law (which I haven't done in some years), it was surprising to me how many other countries were on the list due to trade agreements. However, with the current administration, I'm not sure how those policies may have changed. Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip Post Number: 432 Registered: 02-2014 Posted on Monday, October 22, 2018 - 06:31 pm:    Wayne, You mean the Buy-American-or-Trade-Agreement-Countries-or-much-cheaper-countries Act? ;) Am emailing you my notes on this. Wayne Yancey Senior Member Username: wayne_yancey Post Number: 887 Registered: 01-2008 Posted on Monday, October 22, 2018 - 06:51 pm:    Thanks Dewayne, Good point John, I had not thought of that method. I will get my hands in the general conditions. Thanks all, ken hercenberg Senior Member Username: khercenberg Post Number: 1192 Registered: 12-2006 Posted on Monday, October 22, 2018 - 07:02 pm:    John, you are correct that it belongs in Division 00. There is a difference between Buy America and Buy American. The DOT version only allows a very limited number of non-US made products such as train operating systems that are only made overseas. Keep in mind that all products you specify must be compliant. Many projects require verification that the design team did due diligence that the specified products comply. The other version can allow products from hundreds of foreign countries IF the Federal Project Manager issues modifications to the relevant FAR clauses as part of the contract. Most of the time this is not an issue. Sheldon Wolfe Senior Member Username: sheldon_wolfe Post Number: 1019 Registered: 01-2003 Posted on Thursday, October 25, 2018 - 02:04 am:    There are several "buy American" rules, some federal and some state. Ask the governing agency (or agencies - yikes!) for specific text. My experience has been that the agencies are more than happy to tell you exactly what to say and where - and that they usually have no idea what the statutes say, and don't care about unenforceable or impossible requirements. My experience also indicates that, as long as the contractor signs a statement saying they comply, the agency won't ask any questions.