Lighting Group Northwest

When someone tells you that the material for this project needs to meet the "Buy American" or the "Made in America" clause or project requirements what do you do?

The fact of the matter is that your first question should be what level of the Federal Acquisition Regulation (FAR) clauses is required.

You might be involved with project funding from the American Recovery and Reconstruction Act (ARRA) which has its own special requirements. Lighting fixtures are considered Commercially Available Off-The-Shelf (COTS) items and can qualify for many different FAR clauses depending on where the products are manufactured (substantially transformed).

LEVEL 1

LEVEL 2

LEVEL 3

Products (COTS Items) substantially transformed in Free Trade Agreement countries

Applicable FAR clauses:

For ARRA-funded federal projects

52.225-23

For other federal projects subject to the FAR:

52.225-5 for supply contracts

52.225-11 (2009 version) for construction contracts

Any product listed as Level 1, Level 2 or Level 3 will apply

Products (COTS Items) substantially transformed in the US

Applicable FAR clauses

For ARRA-funded federal projects:

52.225-21

For other federal projects subject to the FAR:

52.225-1 for supply contracts

52.225-9 (2009 version) for construction contracts

Only products listed as Level 2 or Level 3 will comply.

Products (COTS Items) substantially transformed in the US with 50% components by cost from the US

Applicable FAR clauses:

Pre-2009 FAR versions requiring 50% components by cost from the US

For non-ARRA funded federal projects:

52.225-1 (Pre-2009 version) for construction contracts

52.225-9 (pre-2009 version) for construction contracts

52.225-10 (pre-2009 version) for construction contracts

Only products listed Level 3 will comply.

Some pre-February 2009 contracts still require Level 3 products.

See the links below for further information: