western carolina regional sewer authority
RENEWABLE WATER RESOURCES Purchasing Department 561 Mauldin Road Greenville, South Carolina 29607
REQUEST FOR QUOTE FOR WSEE GRANT LED LIGHT FIXTURE REPLACEMENT
REQUEST FOR QUOTE For WSEE Grant LED Light Fixture Replacement
Renewable Water Resources (ReWa) is a sub-recipient of Water and Sewer Energy Efficiency Grant funds (WSEE) made by the South Carolina Budget and Control Board Office of Local Government. As a part of the grant, ReWa is replacing light fixtures at various Wastewater Treatment Plants (WWTP) located as identified below. ReWa is soliciting quotes from qualified vendors to supply Light-Emitting Diode (LED) light fixtures as described below in full compliance with the mandatory WSEE Grant requirements. Specifications Below listed specifications shall be followed: a) All goods must be furnished as described, new and unused. The quote must include all costs for transportation to the required destination, and applicable sales tax. b) ARRA Buy American applies to this solicitation. To be considered, contractor must provide all of the below for both goods fully made in US and substantially transformed in US: 1. ARRA Buy American Compliance Acknowledgement Form (Exhibit A) 2. Filled in Matrix (Exhibit B) showing if goods are made in US or not. 3. Letter further detailing the light fixture origin (following example provided – Exhibit C) Contractors who fail to provide such information shall be considered non-responsive. c) Award shall be made to the lowest responsive responsible quote based on total bid price below. d) Awarded contractor shall deliver the LED light fixtures to the required destinations as shown below. e) Locations: a. Mauldin Road WWTP – 650 Mauldin Road, Greenville, SC 29607 b. Lower Reedy WWTP – 497 North Harrison Bridge Road, Simpsonville, SC 29681 c. Georges Creek WWTP – 3635 Old Easley Bridge Road, Greenville, SC 29611 d. Durbin Creek WWTP – 945 Inverary Road, Fountain Inn, SC 29644 Submittals and Inquiries Each vendor shall submit responds to the present RFQ in a sealed envelope or hand delivered to the below address no later than December 5, 2011, 10:00am local time. ReWa Purchasing Department 561 Mauldin Road Greenville, South Carolina 29607 Re: RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement Inquiries on the project or requests for additional information must be in writing and be directed to: Stephanie Selman, ReWa Purchasing Department - 561 Mauldin Road, Greenville, S.C. 29607 or Est mail to [email protected] no later than December 1 at 5:00pm, 2011. 1. Warranty Contractor shall provide detailed information on manufacturer’s warranty and any applicable contractor’s warranty. 2. Waiver
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ReWa reserves the right to waive any instruction to responders, general or special terms and conditions, specifications, or technicalities when it is deemed to be in the best interest of ReWa. 3. Federal, State and Local Laws The contractor assumes full responsibility and liability for compliance with any and all local, state and federal laws and regulations applicable to the contractor and his employees including but not limited to, compliance with the EEO guidelines, the Occupational Safety and Health Act of 1970 and minimum wage guidelines. BID SCHEDULE Qty
Description
Delivery
Lead Time
Location
in business
Unit Price
Extended Price
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
days 65 ea
LED wall pack light fixtures with photocell
Mauldin Road
installed, that match voltage and luminous
WWTP
output of the existing 250 watt, 120 volts metal halide wall pack, Outdoor rated.
35 ea
LED wall pack light fixtures with photocell
Mauldin Road
installed, that match voltage and luminous
WWTP
output of the existing 250 watt, 277 volts metal halide wall pack. Outdoor rated.
37 ea
Replace with LED wall pack that match, 70
Lower Reedy
watt, 120 volt high pressure sodium wall pack
WWTP
fixtures, with photocell installed. Outdoor rated
16 ea
Replace with LED wall pack that match. 70
George’s Creek
watt, 277 volt high pressure sodium wall pack
WWTP
fixtures, with photocell installed. Outdoor rated
2 ea
Replace with LED wall pack that match, 250
George’s Creek
watt, 277 volt high pressure sodium wall pack
WWTP
fixtures, with photocell installed. Outdoor rated
1 ea
Replace with LED wall pack that match, 250
Durbin WWTP
watt, 120 volt Metal Halide wall pack fixture, with photocell installed. Outdoor rated
8 ea
Replace with LED wall pack that match, 100
Durbin WWTP
watt, 120 volt metal Halide wall pack fixtures, with photocell installed, Outdoor rated
Freight
$____________
Sales Tax
$____________
Grand Total Bid Price
$____________
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Exhibit A ACKNOWLEDGEMENT FORM REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 I have read and understood ARRA Buy American Requirements (Appendix 1) and hereby confirm compliance of quoted goods with these ARRA Buy American Requirements.
Name of Prospective Contractor:
Sign:
Print Name:
Title:
Signed this, the _____ day of _______________, 20_____.
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Exhibit B (Matrix Form follows this Page)
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Questions for Determining Whether Substantial Transformation has Occurred in the United States
Question 1. Were all of the components of the manufactured good manufactured in the United States, and were all of the components assembled in to the final product in the U.S.? (If the Answer is yes, then this is clearly manufactured in the U.S., and the inquiry is complete) 2. Was there a change in character or use of the good or the components in America? (These questions are asked about the finished good as a whole, not about each individual component) (The answer to Question 2 is "yes" if the answer to one or more subparts is "yes") a. Was there a change in the physical and/or chemical properties or characteristics designed to alter the functionality of the good? b. Did the manufacturing or processing operation result in a change of a product(s) with one use into a product with a different use? c. Did the manufacturing or processing operation result in the narrowing of the range of possible uses of a multi-use product? 3. Was/(were) the process(es) performed in the U.S. (including but not limited to assembly) complex and meaningful? (The answer to Question 3 is "yes" if the answer to two or more subparts is "yes") a. Did the process(es) take a substantial amount of time? b. Was/(were) the process(es) costly? c. Did the process(es) require particular high level skills? d. Did the process(es) require a number of different operations? e. Was substantial value added in the process(es)?
Yes
No
____________________________________________________________________________ Manufacturing Company (Type Name) ____________________________________________________________________________ Authorized Signature of Manufacturer ____________________________________________________________________________ Typed Name and Title ____________________________________________________________________________ Address _________________________________________________________________________ Telephone Number
Exhibit C (ARRA Compliance Letter Examples follow this Page)
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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A Series of Hypothetical Examples of Buy American Documentation
Wire, Inc.
Wire Inc. 5730 Alpine Drive Carrollton, GA 30119 Tele: 800-444-5555 www.wireinc.com
Re: Canyon Ferry Lake Treatment Plant Project
To Whom It May Concern: Thank you for your interest in Wire, Inc. products. This letter serves to certify the origin of the electrical wire products manufactured by WIRE, Inc. Our electrical wire products (wire and cable, tubing, and connectors) are wholly manufactured in the United States at one or more of our four plants listed below. These products qualify for NAFTA and the Buy American Act of 1933 as well as the American Recovery and Reinvestment Act of 2009. Feel free to contact me should you have any further questions or requests. Manufacturing Plants for Aforementioned Products: WIRE Inc.-Building Wire 5730 Alpine Drive Carrollton, GA 30119
WIRE North- Bare Copper 111 Lions Dr. Detroit, MN 48226
WIRE South- MC Cable 3017 Wallabee Way Mobile, AL 36602
WIRE West-Mineral Wells 2630 Swartenager Ln Long Beach, CA, 90807
Regards, Frank Steelman Marketing Operations Wire, Inc. Phone: 800-444-5555 Email: [email protected]
EPA’s Analysis Specific project cited Four possible locations – all the U.S. Electric wire has straight-forward manufacturing processes Compliance with NAFTA and BA Act nice, but irrelevant Certification Example #2: Adequate Certification
A Series ofHypothetical Examples ofBuy American Documentation
Memo To:
TheCityofWaterville
From: Steeple Electric
Date:
11/5/09
Re:
American Recovery and Reinvestment Act of 2009
Per your request, we are supplying information about our product, the MODEL 8VKL Motor Control Center (MCC). Section 1605 of the American Recovery and Reinvestment Act of 2009 (ARRA) requires that all iron, steel, and manufactured goods used in ARRA funded projects be manufactured in the United States. Our MODEL 8VKL MCC qualifies as a domestic manufactured good because complex and meaningful processes are performed in the United States at our facility. The Steeple Electric manufacturing plant is located in Big City, New Jersey. We employ 210 people. Approximately 40 percent of the components used in our MODEL 8VKL MCC are made in China; the remaining components are made in the U.S. by Components Inc. located in Small Town, Georgia. We also fabricate the housing for the unit and some of the specialized components in our facility in Big City, New Jersey. Once we obtain all components, we then must engineer the product to meet the specifications of each individual customer. Essentially, our product undergoes substantial transformation at our facility. As support for this statement, please see the enclosed Substantial Transformation Checklist and the additional information provided below. The processes performed in the U.S. to produce the MODEL 8VKL MCC take a substantial amount of time. Building and testing of the MODEL 8VKL MCC per a customer's specifications takes at least 80 hours of production time. We anticipate the City of Waterville's MCC will take approximately 95 hours to complete. The product is also tested at various stages of production. During these tests, any necessary engineering modifications are employed to ensure the product will meet customer specifications.
A Series ofHypothetical Examples ofBuy American Documentation
The processes performed in the United States require a number of different operations. The processes performed in the U.S to produce the MODEL 8VKL MCC require multiple operations. The housing that encloses the MCC is built at our facility in Big City, New Jersey, in accordance with the mechanical drawings. There is an area in our facility dedicated to fabrication of some housing components (e.g. brackets and barriers) and modifications of other housing components (e.g. bending and drilling to accommodate a specific configuration). The components of the motor control center itself are wired to fit the customer's unique application in accordance with the electrical drawings. At various stages during production, inprocess testing is conducted and, if necessary, modifications to the design or the bill of materials are made to meet the required specification. Once production is complete, the MODEL 8VKL MCC is tested to confirm that it meets the customer's specification and, if not, further modifications are made. The MODEL 8VKL MCC does not leave the facility until the system passes final testing. The processes performed in the United States add substantial value. The MODEL 8VKL MCC is an engineered-to-order product that is produced in the U.S. Substantial value is added at our facility because the product is manufactured in accordance with the configuration and performance specifications necessary to meet a customer's unique requirements. As a result of the processes performed, components suited to many different applications are combined to produce a MODEL 8VKL MCC that is unique and useful only to the customer's specific motor control application. The "value added" can vary based on the customized specifications of the final product, but including direct labor costs and parts produced by our facility, the added value is estimated to be approximately 60 percent of the product's total value ($72,000). Please note, this information is confidential and we request that it not be disclosed to a third-party, except where necessary to show we comply with the Buy American provisions.
Sincerely,
Cindy Williams
Steeple Electric Factory Manager 18 Oak Street Mason, New Jersey 08000
The processes performed in the U.S. to produce the MODEL 8VKL MCC are costly. Steeple Electric's U.S. direct labor cost to produce the MODEL 8VKL MCC comprises approximately 30 percent (roughly $40,000) of the total cost of the product. Please note, this information is confidential and we request that it not be disclosed to a third-party, except where necessary to show we comply with the Buy American provisions. The processes performed in the U.S. require particular high level skills. We have a fulltime staff of manufacturing engineers that oversee the production of the MODEL 8VKL MCC. Electrical technicians perform the in-process testing at different stages of production. The manufacturing engineers must resolve issues and make any necessary modifications throughout this process.
Substantial Transformation Example #5: Adequate Documentation
Substantial Transformation Example #3: Adequate Documentation
A Series ofHypothetical Examples ofBuy American Documentation
Questions for Determining Whether Substantial Transformation has Occurred in the United States Question
Yes
No
1. Were all of the components of the manufactured good manufactured in the United States, and were all of the components assembled in to the final product in the U.S.? (If the Answer is yes, then this is clearly manufactured in the U.S., and the inquiry is complete)
X
2. Was there a change in character or use of the good or the components in America? (These questions are asked about the finished good as a whole, not about each individual component) (The answer to Question 2 is "yes" if the answer to one or more subparts is "yes")
X
a. Was there a change in the physical and/or chemical properties or
X
characteristics designed to alter the functionality of the good?
b. Did the manufacturing or processing operation result in a change of a product(s) with one use into a product with a different use?
X
c. Did the manufacturing or processing operation result in the narrowing of the range of possible uses of a multi-use product?
X
3. Was/(were) the process(es) performed in the U.S. (including but not limited to assembly) complex and meaningful? (The answer to Question 3 is "yes" if the answer to two or more subparts is "yes")
X
a. Did the process(es) take a substantial amount of time?
X
b. Was/(were) the process(es) costly?
X
c. Did the process(es) require particular high level skills?
X
d. Did the process(es) require a number of different operations?
X
e. Was substantial value added in the process(es)?
X
Substantial Transformation Example #3: Adequate Documentation
INSTRUCTIONS TO RESPONDENTS 1.
All aspects of this solicitation shall be governed by the Procurement Code adopted by ReWa.
2.
Response amendments thereto or withdrawal requests received after the time advertised for opening will be void regardless of when they were mailed.
3.
Attach complete specifications for and permitted substitutions offered, or when amplification is desirable or necessary.
4.
If specifications or descriptive papers are submitted with the response, enter respondents name thereon.
5.
If applicable, unit prices shall govern over extended prices, and written out prices shall govern over numeric prices, unless otherwise stated in notice.
6.
Responses must be based upon payment 30 EOM. Discounts for payment in less than thirty (30) days will not be considered in making award.
7.
In case of Respondent’s default ReWa reserves the right to purchase any or all items/services in default on open market, charging Respondent with any excessive costs.
8.
The right is reserved to reject any response in which the delivery time indicated is considered sufficient to delay the operation for which the goods/services are intended.
*********************** In compliance with solicitation, and subject to all conditions, thereof, the undersigned offers and agrees to, if this response is accepted.
Company Name:
Phone:
Fax:
Address:
Response signed in writing by
Signature:
Printed Name:
Title:
Response Date:
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Appendix 1 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition-(1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-(i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: ____________________
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[Award official to list applicable excepted materials or indicate "none"] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that-(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government evaluation of the request, including-(A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section.
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(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is non-availability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act.
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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REQUEST FOR QUOTE FOR WSEE GRANT LED LIGHT FIXTURE REPLACEMENT
REQUEST FOR QUOTE For WSEE Grant LED Light Fixture Replacement
Renewable Water Resources (ReWa) is a sub-recipient of Water and Sewer Energy Efficiency Grant funds (WSEE) made by the South Carolina Budget and Control Board Office of Local Government. As a part of the grant, ReWa is replacing light fixtures at various Wastewater Treatment Plants (WWTP) located as identified below. ReWa is soliciting quotes from qualified vendors to supply Light-Emitting Diode (LED) light fixtures as described below in full compliance with the mandatory WSEE Grant requirements. Specifications Below listed specifications shall be followed: a) All goods must be furnished as described, new and unused. The quote must include all costs for transportation to the required destination, and applicable sales tax. b) ARRA Buy American applies to this solicitation. To be considered, contractor must provide all of the below for both goods fully made in US and substantially transformed in US: 1. ARRA Buy American Compliance Acknowledgement Form (Exhibit A) 2. Filled in Matrix (Exhibit B) showing if goods are made in US or not. 3. Letter further detailing the light fixture origin (following example provided – Exhibit C) Contractors who fail to provide such information shall be considered non-responsive. c) Award shall be made to the lowest responsive responsible quote based on total bid price below. d) Awarded contractor shall deliver the LED light fixtures to the required destinations as shown below. e) Locations: a. Mauldin Road WWTP – 650 Mauldin Road, Greenville, SC 29607 b. Lower Reedy WWTP – 497 North Harrison Bridge Road, Simpsonville, SC 29681 c. Georges Creek WWTP – 3635 Old Easley Bridge Road, Greenville, SC 29611 d. Durbin Creek WWTP – 945 Inverary Road, Fountain Inn, SC 29644 Submittals and Inquiries Each vendor shall submit responds to the present RFQ in a sealed envelope or hand delivered to the below address no later than December 5, 2011, 10:00am local time. ReWa Purchasing Department 561 Mauldin Road Greenville, South Carolina 29607 Re: RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement Inquiries on the project or requests for additional information must be in writing and be directed to: Stephanie Selman, ReWa Purchasing Department - 561 Mauldin Road, Greenville, S.C. 29607 or Est mail to [email protected] no later than December 1 at 5:00pm, 2011. 1. Warranty Contractor shall provide detailed information on manufacturer’s warranty and any applicable contractor’s warranty. 2. Waiver
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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ReWa reserves the right to waive any instruction to responders, general or special terms and conditions, specifications, or technicalities when it is deemed to be in the best interest of ReWa. 3. Federal, State and Local Laws The contractor assumes full responsibility and liability for compliance with any and all local, state and federal laws and regulations applicable to the contractor and his employees including but not limited to, compliance with the EEO guidelines, the Occupational Safety and Health Act of 1970 and minimum wage guidelines. BID SCHEDULE Qty
Description
Delivery
Lead Time
Location
in business
Unit Price
Extended Price
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
$_________
$____________
days 65 ea
LED wall pack light fixtures with photocell
Mauldin Road
installed, that match voltage and luminous
WWTP
output of the existing 250 watt, 120 volts metal halide wall pack, Outdoor rated.
35 ea
LED wall pack light fixtures with photocell
Mauldin Road
installed, that match voltage and luminous
WWTP
output of the existing 250 watt, 277 volts metal halide wall pack. Outdoor rated.
37 ea
Replace with LED wall pack that match, 70
Lower Reedy
watt, 120 volt high pressure sodium wall pack
WWTP
fixtures, with photocell installed. Outdoor rated
16 ea
Replace with LED wall pack that match. 70
George’s Creek
watt, 277 volt high pressure sodium wall pack
WWTP
fixtures, with photocell installed. Outdoor rated
2 ea
Replace with LED wall pack that match, 250
George’s Creek
watt, 277 volt high pressure sodium wall pack
WWTP
fixtures, with photocell installed. Outdoor rated
1 ea
Replace with LED wall pack that match, 250
Durbin WWTP
watt, 120 volt Metal Halide wall pack fixture, with photocell installed. Outdoor rated
8 ea
Replace with LED wall pack that match, 100
Durbin WWTP
watt, 120 volt metal Halide wall pack fixtures, with photocell installed, Outdoor rated
Freight
$____________
Sales Tax
$____________
Grand Total Bid Price
$____________
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Exhibit A ACKNOWLEDGEMENT FORM REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 I have read and understood ARRA Buy American Requirements (Appendix 1) and hereby confirm compliance of quoted goods with these ARRA Buy American Requirements.
Name of Prospective Contractor:
Sign:
Print Name:
Title:
Signed this, the _____ day of _______________, 20_____.
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Exhibit B (Matrix Form follows this Page)
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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Questions for Determining Whether Substantial Transformation has Occurred in the United States
Question 1. Were all of the components of the manufactured good manufactured in the United States, and were all of the components assembled in to the final product in the U.S.? (If the Answer is yes, then this is clearly manufactured in the U.S., and the inquiry is complete) 2. Was there a change in character or use of the good or the components in America? (These questions are asked about the finished good as a whole, not about each individual component) (The answer to Question 2 is "yes" if the answer to one or more subparts is "yes") a. Was there a change in the physical and/or chemical properties or characteristics designed to alter the functionality of the good? b. Did the manufacturing or processing operation result in a change of a product(s) with one use into a product with a different use? c. Did the manufacturing or processing operation result in the narrowing of the range of possible uses of a multi-use product? 3. Was/(were) the process(es) performed in the U.S. (including but not limited to assembly) complex and meaningful? (The answer to Question 3 is "yes" if the answer to two or more subparts is "yes") a. Did the process(es) take a substantial amount of time? b. Was/(were) the process(es) costly? c. Did the process(es) require particular high level skills? d. Did the process(es) require a number of different operations? e. Was substantial value added in the process(es)?
Yes
No
____________________________________________________________________________ Manufacturing Company (Type Name) ____________________________________________________________________________ Authorized Signature of Manufacturer ____________________________________________________________________________ Typed Name and Title ____________________________________________________________________________ Address _________________________________________________________________________ Telephone Number
Exhibit C (ARRA Compliance Letter Examples follow this Page)
RFQuote #212 – 10/10/2011 WSEE Grant LED Light Fixture Replacement
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A Series of Hypothetical Examples of Buy American Documentation
Wire, Inc.
Wire Inc. 5730 Alpine Drive Carrollton, GA 30119 Tele: 800-444-5555 www.wireinc.com
Re: Canyon Ferry Lake Treatment Plant Project
To Whom It May Concern: Thank you for your interest in Wire, Inc. products. This letter serves to certify the origin of the electrical wire products manufactured by WIRE, Inc. Our electrical wire products (wire and cable, tubing, and connectors) are wholly manufactured in the United States at one or more of our four plants listed below. These products qualify for NAFTA and the Buy American Act of 1933 as well as the American Recovery and Reinvestment Act of 2009. Feel free to contact me should you have any further questions or requests. Manufacturing Plants for Aforementioned Products: WIRE Inc.-Building Wire 5730 Alpine Drive Carrollton, GA 30119
WIRE North- Bare Copper 111 Lions Dr. Detroit, MN 48226
WIRE South- MC Cable 3017 Wallabee Way Mobile, AL 36602
WIRE West-Mineral Wells 2630 Swartenager Ln Long Beach, CA, 90807
Regards, Frank Steelman Marketing Operations Wire, Inc. Phone: 800-444-5555 Email: [email protected]
EPA’s Analysis Specific project cited Four possible locations – all the U.S. Electric wire has straight-forward manufacturing processes Compliance with NAFTA and BA Act nice, but irrelevant Certification Example #2: Adequate Certification
A Series ofHypothetical Examples ofBuy American Documentation
Memo To:
TheCityofWaterville
From: Steeple Electric
Date:
11/5/09
Re:
American Recovery and Reinvestment Act of 2009
Per your request, we are supplying information about our product, the MODEL 8VKL Motor Control Center (MCC). Section 1605 of the American Recovery and Reinvestment Act of 2009 (ARRA) requires that all iron, steel, and manufactured goods used in ARRA funded projects be manufactured in the United States. Our MODEL 8VKL MCC qualifies as a domestic manufactured good because complex and meaningful processes are performed in the United States at our facility. The Steeple Electric manufacturing plant is located in Big City, New Jersey. We employ 210 people. Approximately 40 percent of the components used in our MODEL 8VKL MCC are made in China; the remaining components are made in the U.S. by Components Inc. located in Small Town, Georgia. We also fabricate the housing for the unit and some of the specialized components in our facility in Big City, New Jersey. Once we obtain all components, we then must engineer the product to meet the specifications of each individual customer. Essentially, our product undergoes substantial transformation at our facility. As support for this statement, please see the enclosed Substantial Transformation Checklist and the additional information provided below. The processes performed in the U.S. to produce the MODEL 8VKL MCC take a substantial amount of time. Building and testing of the MODEL 8VKL MCC per a customer's specifications takes at least 80 hours of production time. We anticipate the City of Waterville's MCC will take approximately 95 hours to complete. The product is also tested at various stages of production. During these tests, any necessary engineering modifications are employed to ensure the product will meet customer specifications.
A Series ofHypothetical Examples ofBuy American Documentation
The processes performed in the United States require a number of different operations. The processes performed in the U.S to produce the MODEL 8VKL MCC require multiple operations. The housing that encloses the MCC is built at our facility in Big City, New Jersey, in accordance with the mechanical drawings. There is an area in our facility dedicated to fabrication of some housing components (e.g. brackets and barriers) and modifications of other housing components (e.g. bending and drilling to accommodate a specific configuration). The components of the motor control center itself are wired to fit the customer's unique application in accordance with the electrical drawings. At various stages during production, inprocess testing is conducted and, if necessary, modifications to the design or the bill of materials are made to meet the required specification. Once production is complete, the MODEL 8VKL MCC is tested to confirm that it meets the customer's specification and, if not, further modifications are made. The MODEL 8VKL MCC does not leave the facility until the system passes final testing. The processes performed in the United States add substantial value. The MODEL 8VKL MCC is an engineered-to-order product that is produced in the U.S. Substantial value is added at our facility because the product is manufactured in accordance with the configuration and performance specifications necessary to meet a customer's unique requirements. As a result of the processes performed, components suited to many different applications are combined to produce a MODEL 8VKL MCC that is unique and useful only to the customer's specific motor control application. The "value added" can vary based on the customized specifications of the final product, but including direct labor costs and parts produced by our facility, the added value is estimated to be approximately 60 percent of the product's total value ($72,000). Please note, this information is confidential and we request that it not be disclosed to a third-party, except where necessary to show we comply with the Buy American provisions.
Sincerely,
Cindy Williams
Steeple Electric Factory Manager 18 Oak Street Mason, New Jersey 08000
The processes performed in the U.S. to produce the MODEL 8VKL MCC are costly. Steeple Electric's U.S. direct labor cost to produce the MODEL 8VKL MCC comprises approximately 30 percent (roughly $40,000) of the total cost of the product. Please note, this information is confidential and we request that it not be disclosed to a third-party, except where necessary to show we comply with the Buy American provisions. The processes performed in the U.S. require particular high level skills. We have a fulltime staff of manufacturing engineers that oversee the production of the MODEL 8VKL MCC. Electrical technicians perform the in-process testing at different stages of production. The manufacturing engineers must resolve issues and make any necessary modifications throughout this process.
Substantial Transformation Example #5: Adequate Documentation
Substantial Transformation Example #3: Adequate Documentation
A Series ofHypothetical Examples ofBuy American Documentation
Questions for Determining Whether Substantial Transformation has Occurred in the United States Question
Yes
No
1. Were all of the components of the manufactured good manufactured in the United States, and were all of the components assembled in to the final product in the U.S.? (If the Answer is yes, then this is clearly manufactured in the U.S., and the inquiry is complete)
X
2. Was there a change in character or use of the good or the components in America? (These questions are asked about the finished good as a whole, not about each individual component) (The answer to Question 2 is "yes" if the answer to one or more subparts is "yes")
X
a. Was there a change in the physical and/or chemical properties or
X
characteristics designed to alter the functionality of the good?
b. Did the manufacturing or processing operation result in a change of a product(s) with one use into a product with a different use?
X
c. Did the manufacturing or processing operation result in the narrowing of the range of possible uses of a multi-use product?
X
3. Was/(were) the process(es) performed in the U.S. (including but not limited to assembly) complex and meaningful? (The answer to Question 3 is "yes" if the answer to two or more subparts is "yes")
X
a. Did the process(es) take a substantial amount of time?
X
b. Was/(were) the process(es) costly?
X
c. Did the process(es) require particular high level skills?
X
d. Did the process(es) require a number of different operations?
X
e. Was substantial value added in the process(es)?
X
Substantial Transformation Example #3: Adequate Documentation
INSTRUCTIONS TO RESPONDENTS 1.
All aspects of this solicitation shall be governed by the Procurement Code adopted by ReWa.
2.
Response amendments thereto or withdrawal requests received after the time advertised for opening will be void regardless of when they were mailed.
3.
Attach complete specifications for and permitted substitutions offered, or when amplification is desirable or necessary.
4.
If specifications or descriptive papers are submitted with the response, enter respondents name thereon.
5.
If applicable, unit prices shall govern over extended prices, and written out prices shall govern over numeric prices, unless otherwise stated in notice.
6.
Responses must be based upon payment 30 EOM. Discounts for payment in less than thirty (30) days will not be considered in making award.
7.
In case of Respondent’s default ReWa reserves the right to purchase any or all items/services in default on open market, charging Respondent with any excessive costs.
8.
The right is reserved to reject any response in which the delivery time indicated is considered sufficient to delay the operation for which the goods/services are intended.
*********************** In compliance with solicitation, and subject to all conditions, thereof, the undersigned offers and agrees to, if this response is accepted.
Company Name:
Phone:
Fax:
Address:
Response signed in writing by
Signature:
Printed Name:
Title:
Response Date:
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Appendix 1 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition-(1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-(i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: ____________________
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[Award official to list applicable excepted materials or indicate "none"] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that-(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government evaluation of the request, including-(A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section.
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(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is non-availability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act.
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