[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Notices]
[Pages 17456-17457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7222]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 120216139-2138-01]


Buy American Exception Under the American Recovery and 
Reinvestment Act of 2009

AGENCY: National Institute of Standards and Technology, U.S. Department 
of Commerce.

SUMMARY: The Department of Commerce, National Institute of Standards 
and Technology is providing notice of a determination of an exception 
to the Buy American Provisions of the American Recovery and 
Reinvestment Act of 2009 (ARRA or Recovery Act), for inverters 
necessary for the construction of a solar array system at NIST's WWVH 
radio station in Kauai, HI.

FOR FURTHER INFORMATION CONTACT: Jason Gerloff, Contracting Officer, 
Acquisition Management Division, 303-497-6320, National Institute of 
Standards and Technology, 325 Broadway, Boulder, CO 80305.

SUPPLEMENTARY INFORMATION: Section 1605 of the Recovery Act (Pub. L. 
111-5) prohibits use of recovery funds ``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

[[Page 17457]]

used in the project are produced in the United States.'' However, 
section 1605(b)(2) allows the head of a Federal department or agency to 
issue a ``determination of nonavailability'' if the iron, steel, or 
manufactured good is not produced or manufactured in the United States 
in sufficient and reasonably available quantities and of a satisfactory 
quality. Pursuant to section 1605(b)(2), and a delegation of authority 
by the Secretary of Commerce, the NIST Director has determined that the 
required inverters were not manufactured in the United States.
    In May 2010, NIST awarded a Recovery Act contract in the amount of 
$1,415,000.00 to Adon Construction for the construction of a 120kw 
photovoltaic solar array system to be built in eight 15kw sub-arrays at 
NIST's WWVH radio station in Kauai, HI. The objective of the solar 
array project is to produce power for the radio station and feed 
electricity back to the local grid. By doing this, the NIST radio 
station will be able to cut its utility costs and show a cost savings 
for future years on electricity.
    The contract specifications required that all exterior photovoltaic 
equipment be in stainless steel or PVC enclosures that carried a 
minimum National Electrical Manufacturers Association (NEMA) 3R rating. 
An inverter is an essential piece of electrical equipment that converts 
DC electrical power to AC electrical power; without the inverters, the 
solar array could not be used for site operations. In July of 2010, the 
contractor proposed using three 5kw, 208V AC, single phase inverters 
inside of NEMA 3R, 6060 aluminum enclosures for each 15kw sub-array. 
The contractor notified NIST that its research indicated there were no 
American-made products that met the project specifications. NIST 
completed a review of the contractor's findings and concurred that 
neither the 5kw nor 15kw inverters in stainless steel, PVC, or aluminum 
6060 enclosures were produced or manufactured in the U.S. in sufficient 
and reasonably available quantities of a satisfactory quality in July 
2010. NIST also determined that the aluminum enclosures were an 
acceptable alternative to the stainless steel or PVC materials 
originally specified because they would be able to withstand the rigors 
of outdoor use in a tropical climate.
    Based on NIST and the contractor's review of the market place and 
various vendors' product availability, NIST determined there were no 
inverters manufactured in the United States that met the contract 
specifications or NIST's requirements.

    Authority: Pub. L. 111-5, section 1605.

    Dated: March 16, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012-7222 Filed 3-23-12; 8:45 am]
BILLING CODE 3510-13-P