| Author |
Message |
Colin Gilboy
Senior Member
Username: colin
Post Number: 259
Registered: 09-2005
| | Posted on Wednesday, January 26, 2011 - 12:22 pm: |    |
A specifier asked me to post this as he cannot access the forum from his office computers:
We have a project(s) that requires major equipment be 'certified' as meeting the 2009 Buy American clause from ARRA. See attached. I'm a spec writer and ask if you or someone has written a Buy American spec (a strong spec)?
Here is the ARRA buy American requirements:
http://www.4specs.com/articles/buy_american.pdf
Colin Gilboy
Publisher, 4specs.com
435.654.5775 - Utah
800.369.8008 |
Anne Whitacre, FCSI CCS
Senior Member
Username: awhitacre
Post Number: 1103
Registered: 07-2002
| | Posted on Wednesday, January 26, 2011 - 12:26 pm: | |
This is not a complicated issue -- you have to reference the act in Division 01 when you discuss products and the person bidding or supplying has to be able to demonstrate that they meet the act. As a design professional, the burden of proof is not on you, as long as you cite the act as one of your requirements. |
Ronald L. Geren, AIA, CSI, CCS, CCCA, SCIP
Senior Member
Username: specman
Post Number: 922
Registered: 03-2003
| | Posted on Wednesday, January 26, 2011 - 12:30 pm: | |
I suggest including new content in Section 01 60 00 "Product Requirements" rather than writing a new section. The content can be an article that references the appropriate government documentation, which minimizes having to repeat requirements. This is identical to referencing a standard or other regulations.
Ron Geren, AIA, CSI, CCS, CCCA, SCIP
www.specsandcodes.com |
Wayne Yancey
Senior Member
Username: wayne_yancey
Post Number: 410
Registered: 01-2008
| | Posted on Wednesday, January 26, 2011 - 12:34 pm: | |
If there is an Instructions to Bidders for this project, include reference to this requlation in this Document and if required, embellish with a Supplementary Condtion. |
E Jones
Intermediate Member
Username: ejonesspec
Post Number: 4
Registered: 01-2011
| | Posted on Monday, January 31, 2011 - 01:13 pm: | |
Must disagree slightly with some previous posts that rely entirely on front end docs. I've seen at least one DoD project where, surprisingly, the burden of BAA compliance *WAS* on the A/E, and the contract clauses. Also keep in mind that depending on design delivery method, lines between A/E and GC get fuzzy when the GC is telling the A/E what to document, such as design/build scenarios. Finally, if you call out specific products by mfr and brand name that are NOT made in the U.S. or one of the dizzying array of trade agreement countries, does it do any good that you've said in Division 01 comply with this law - any then contradicted yourself? Just a few questions that have perplexed me at times. If you encounter a project with clauses like this, a specialized submittal process can be used to place it properly back on the GC and their subs and suppliers. Otherwise, how is an architect to possibly "ensure compliance" when they have so little actual say in what specific products go into a public job? |
Lisa Goodwin Robbins, RA, CCS, LEED ap
Senior Member
Username: lgoodrob
Post Number: 122
Registered: 08-2004
| | Posted on Tuesday, February 01, 2011 - 10:24 am: | |
Public agencies have required us to add an ARRA paragraph to every Section. We add it to the Part 1 article "description of work" or "summary". |
Anonymous (Unregistered Guest)
Unregistered guest
| | Posted on Sunday, February 20, 2011 - 04:48 am: | |
On Army Corp jobs we are required to use their SECTION 01 00 50.00 44 - GENERAL REQUIREMENTS which states: "Buy American Act - Construction Materials - Contract Clauses [52.225-9, 52.225-10 and 52.225-13 are applicable to this task order.] [52.225-11, 52.225-12 and 52.225-13 are applicable to this task order.] As such, the requirement in paragraph (b)(2) of [52.225- 9][52.225-11] apply to all construction materials or components."
Really, that’s all they have it say. 52.225-9 of WHAT you might ask? So did I: https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273
I might also ask the Army Corp why they give me specs with option brackets still in them unedited, but you really don't want to point these things out to these guys. Its their spec provided verbatim as written. I just slap it in there with the rest of the unintelligible stuff. The scary part is they spend so much money on hiring a special government contractor to write this spec for them. |
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