"Buy American" with Only International Options?

8/5/2022

For domestic (US) military work, we're generally required to comply with the Buy American Act.

However, our fire alarm manufacturer's batteries (every listed brand) is sourced internationally.

Is there some waiver to this requirement for specifically-sourced pieces of equipment?

Or is there some third-party battery manufacturer that's accepted outside the listing?

I'm wondering how others deal with the Buy American requirements when it doesn't appear we have any options. Thanks in advance.

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10 Comments

M. Newell

8/5/2022 08:11:37 am

I have also wondered about this while working on projects side by side the fire alarm contractors. We seem to be required to adhere to the specification on domestic specified projects. But it seems like a lot of the FA components come from outside of the US. I am curious how others are getting around this or how they are heading it off.

Glenn Berger

8/5/2022 08:18:37 am

You need to understand what are the requirements to comply with the BAA. By America does not specifically mean Buy USA products. The BAA changes with every presidential administration, it seems.

Blaine Parkerson

8/5/2022 08:38:34 am

Glen is spot on. It gets complicated when you look at it as if the government is really buying a building of which the components must reach the threshold of 55%.

It gets more complicated since the battery may be allowed as part of the 45% of foreign sourced in the alarm system purchase; but the govt couldn’t then buy just a replacement battery since that would be a separate purchase and would be over 45%.

There’s also allowances for price and availability that come into play.

My advice is to try to talk to the Contracting officer who has the warrant and the obligation to comply with FAR and DFAR.

8/5/2022 09:22:03 am

I have found that some other countries are also acceptable under the BAA.

8/5/2022 08:23:37 am

I think the 2nd provision of the act "the items to be procured or the materials from which they are manufactured must be present in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality." would nullify needing to find an American manufacturer. If the batteries are only made over seas then I don't see a sufficient and reasonably available quantity to use but foreign manufactures. Just my thoughts though.

Gregory

8/5/2022 08:32:33 am

If you can make their products and systems work for your location, then Kingfisher is an all-American brand... Lowell, Massachusetts

https://www.kfci.com/company.html

David Williams

8/5/2022 09:04:36 am

Running into this with SS riser assemblies as the contractor on the job says no Buy American compliant product is available. (Allowing MJ to keep the job going as the SS riser is only a preference on this job.)

Mike

8/5/2022 09:23:35 am

There are waivers available.

As for the batteries, you could say they are a part of an assembly, the panel, that is comprised over over 50% USA products.

Gregory

8/6/2022 09:18:58 am

To answer your battery question specifically and provide you with battery solutions; the following is a website that lists USA manufacturers of batteries.

http://energy.sourceguides.com/businesses/byGeo/US/byP/batP/batt/btora/bType/leadacid/byB/manufacturers/byN/byName.shtml

EaglePicher Technologies, LLC - B & B Battery (USA) Inc. - C&D Technologies, Inc. - East Penn Manufacturing Company, Inc. - Uniross Batteries Corp - NRG Power Solutions - MK Battery Co. - Yuasa Battery, Inc. - Power Battery Company Inc. - Exide Technologies - etc. etc. etc. (the list is fairly long)

I have used Yuasa in fire alarm panels at federal locations that required made in the USA. That was typically test and maintenance (i.e. replacing batteries). However, it would not be unheard of to place within your bid / specification package a requirement that Yuasa or other comparable battery on the list be used. With fire alarm panels, it is about the voltage and with an amp-hour rating sufficient to cover the battery calculation for the alarm load. For both the FACP manufacturer and the end user (owner) the battery manufacturer is not so much of a consideration as is the size (LxWxH), terminals, and cost. If the battery is too large to fit in the panel or requires additional connectors to match the battery terminal, that is something that the FACP manufacturer is considering as a part of production.

From NFPA 72 2022 Edition there is not any preferred manufacturer language. Section 10.6.10 does identify a NRTL requirement, but I believe a UL listing will cover that. It's been some time since I had to vet a Yuasa for an FACP but likely it will still make the grade for a fed-gov project.

In the other sections of NFPA 72, batteries are described from the perspective of performance. In reading your FACP manufacturers literature and cut sheets for the panel, it may or may not have a battery manufacturer listed. I will guess that it does not, but rather will indicate features like "gel cell, lead acid with F2 terminals, etc.". That should give you the ability to add to your specification document, requirements for battery manufacturer that match the buy USA requirement.

10.6.7.3 * Secondary Power Supply for Protected Premises Fire Alarm Systems and Emergency Communications Systems.
10.6.7.3.1 The secondary power supply shall consist of one of the following:
(1) A storage battery dedicated to the system arranged in accordance with 10.6.10
(2) An automatic-starting, engine-driven generator serving the branch circuit specified in 10.6.5.1 and arranged in accordance with 10.6.11.3.1, and storage batteries dedicated to the system with 4 hours of capacity arranged in accordance with 10.6.10

10.6.10 * Storage Batteries.
10.6.10.1 Marking.
10.6.10.1.1
Batteries shall be marked with the month and year of manufacture using the month/year format.

10.6.10.1.2
Where the battery is not marked with the month/year by the manufacturer, the installer shall obtain the date-code and mark the battery with the month/year of battery manufacture.

10.6.10.1.3 *
Effective January 1, 2024, rechargeable batteries for the secondary power supply used in control units, devices, and accessories shall be listed or component recognized by a nationally recognized testing laboratory.

Albert

8/16/2022 09:41:24 pm

This should be brought to Elons attention.

"Buy American" with Only International Options?

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