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The American Recovery and Reinvestment Act / Buy American Act

The American Recovery and Reinvestment Act / Buy American Act

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Currently there is much focus in the construction industry on government construction projects, as many of them are being funded by economic stimulus dollars. There are two federal acts involved in government-funded projects that contain provisions that are favorable to material manufactured in the Unites States.


The American Recovery and Reinvestment Act of 2009

The American Recovery and Reinvestment Act of 2009 (ARRA) dedicated $787 billion dollars toward economic stimulus, with over $60 billion focused on modernization and construction projects. Within the ARRA there are “Buy American” provisions that are preferential to materials manufactured in the U.S., however there are provisions made that allow the use of non-domestic product.


The Buy American Act of 1933

The Buy American Act (BAA) was originally adopted as part of President Franklin D. Roosevelt’s New Deal economic programs. This act typically pertains to all government construction projects and is also preferential to products manufactured domestically, but also includes provisions for foreign–made products. This act does not apply to government projects that are funded by the American Recovery and Reinvestment Act of 2009.


Simpson Strong-Tie® Products Qualify

Simpson Product QualifyMany Simpson Strong-Tie Anchor Systems® products are made in the U.S., automatically qualifying for use on projects covered by the ARRA or the BAA. In response to increased competition over the last 10 years, all anchor manufacturers in the U.S. market have begun to either manufacture product in, or buy product from, foreign countries. Simpson Strong-Tie is no exception, and our non-domestic products can also be used on these projects provided the proper waivers are requested in accordance with each act.


Products from Designated Foreign Countries?

There are provisions in both the ARRA and BAA that allows product manufactured in designated countries to be used on projects covered by these acts. Designated countries are those that fall under the World Trade Organization Government Procurement Agreement (WTO GPA) or the Free Trade Agreement (FTA). In addition, products manufactured in an approved “least developed” country also qualify. Many Simpson Strong-Tie products have been manufactured in our Brampton, Ontario plant in Canada, and others have been produced in Taiwan. Both of these countries are on the list of designated countries, so products manufactured there are suitable for use as long as the proper waivers are obtained. Country-of-origin letters are available below:

Country of Origin Letters

See chart below for the Country of Origin of specific products.

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Country of Origin

Product
click on link for Country of Origin Letter (PDF)
Applicable Sizes Country of Origin Approvals
SET-XP Anchoring Adhesive All United States ICC-ES ESR-2508
SET Anchoring Adhesive All United States ICC-ES ESR-1772 (CMU & URM)
Multiple DOT listings
ET Anchoring Adhesive All United States ICC-ES ER-4945 (URM)
Multiple DOT listings
EDOT Anchoring Adhesive All United States Multiple DOT listings
Acrylic-Tie® (AT) Anchoring Adhesive All United States ICC-ES ER-5791 (CMU & URM)
Multiple DOT listings
ETI-LV and ETI-GV Injection Epoxies All United States Multiple DOT listings
Titen HD® Screw Anchor (including
Rod Hanger and Mini versions)
All Canada* ICC-ES ESR-2713 (THD anchor in concrete),
ICC-ES ESR-1056 (THD anchor in CMU)
Factory Mutual 3017082 (Titen HD anchor)
         and 3031136 (Titen HD Rod Hanger)
Multiple DOT listings
Wedge-All® Wedge Anchor 1/2" diameter
and larger
(all lengths)
Canada* ICC-ES ESR-1396 (CMU)
Factory Mutual 3017082 and 3031136
Underwriter’s Laboratory File Ex3605
Meets Federal Specs. A-A-1923A, Type 4
Multiple DOT listings
Strong-Bolt™ Wedge Anchor All Canada* ICC-ES ESR-1771
Drop-in Anchor All Taiwan Factory Mutual 3017082
Underwriters Laboratory File Ex3605
Meets Federal Specs. A-A-53614, Type 1
Multiple DOT listings

Canada and Taiwan are both Designated Foreign countries under the ARRA and BAA.

* Check with Simpson Strong-Tie for availability.


Waivers

In order to use a product manufactured in a designate country, it is necessary to fill out an application for a waiver of the ARRA or BAA restrictions.

If you would like an application for a waiver, you can contact us through this website or by calling (800) 999-5099 to speak with one of our technical sales representatives.


Let us show you the Simpson Strong-Tie Advantage

Many of our products offer significant installation and performance benefits that set us apart from the competition. in addition, our level of customer support and technical information on our products is unrivaled in the industry. Let Simpson Strong-Tie become your anchoring and fastening resource on your next government project.


For more detailed information on provisions for non-domestic product in the ARRA:
Excerpted from HR 1 “American Recovery and Reinvestment Act of 2009”, Division A, title XVI, Section 1605

USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

  1. None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
  2. Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that –
    1. Applying subsection (a) would be inconsistent with the public interest;
    2. Iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
    3. Inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.
  3. If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal register a detailed written justification as to why the provision is being waived.
  4. This section shall be applied in a manner consistent with United States obligations under international agreements.

Simpson Product Qualify

Designated Countries Under the ARRA and BAA

World Trade Organization Government Procurement Agreement (WTO GPA) Countries
Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom

Free Trade Agreement (FTA) Countries
Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore

Least Developed Countries
Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao tome and Principe, Senegal, Sierra Leone, Solomon islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia

 

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