HVAC Systems, Building Controls and LED Lighting Fixtures

Procurement Summary

LED Nonavailability: Domestic manufacturing does not currently exist to provide the steel frames, LED diodes, polycarbonate lenses, drivers and sensors required for the project’s completion. After extensive outreach conducted by EMC, no domestic manufacturer was able to provide the materials necessary to meet the new BABA requirements. As noted in DOE 2020 LED Manufacturing Supply Chain Study, “virtually no LED lamp manufacturing is taking place in the United States today”. • HVAC- Nonavailability: The market research was not able to identify manufacturers who were able to meet the 55% cost of components requirement for the manufactured products listed above that are required for the project’s completion. For the HVAC equipment, we contacted Carrier, Trane, York, Heil, Lennox and Daikin, industry-leading suppliers, and found that the proposed manufactured products were not domestically manufactured. Daikin did however note their products “meets the requirements of FAR 52.225-11 of the Buy American Act.” • Controls- Nonavailability: This project has specific requirements for the building automation system. Pelican Controls System is Manufactured in Livermore, California, but they cannot provide a compliance letter due to not having the resources to complete the audit process of all their materials.

Description of items, products and materials or categories of such anticipated to be covered by this waiver

• HVAC system with integrated Building Automation Controls including Dedicated Outdoor Units, Split-System Heat Pumps, Variable Refrigerant Flow (VRF) Heat Recovery Condensing Units, associated ducted and cassette type Fan Coils, and standalone VRF manufacturer building automation system master controllers that enable scheduling, alarming, and monitoring of the VRF system to reduce energy and cost expenditures. NAICS Code 333415. China and US • LED Lighting upgrade will replace existing fluorescent lighting in the Clinton High School stadium and auditorium. NAICS Code 335132. China and US

Public comment link

Final waiver link

Is this a general applicability waiver?