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content of fire alarm system


Fara Fasat

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For construction contracts under the Buy American Act (BAA), construction material must be domestic, which means it must be made in the US and have at least 50% US content; otherwise it will be be subject to the evaluation penalty. Under the Trade Agreements Act (TAA), construction material must either be domestic or be made in a TAA country. Therefore under both, construction material must meet the domestic definition.

HOWEVER, emergency life safety systems, such as fire alarm systems, are treated as a single item no matter how the individual products are brought to the construction site (see definition of domestic construction material in FAR Part 25). Therefore, it is the content of the entire system that must be at least 50% US.

Question: what is included in the system for purposes of calculating the content? Is it just the working components of the system, such as control panels, alarms, detectors, annunciators, strobes, etc? Or does it include incidental things like wire, conduit, boxes, etc, that are used to connect and install the system?

This is an important issue, because inclusion of those incidental products could make the difference in meeting the 50% test.

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The answer to the question depends on the dollar value.  Also, the 50% component test may not apply.

If valued at $7,358,000 or more, the trade agreements statutes apply, unless there is an exception to them such as a small business set aside (see 25.401).  Under the Trade Agreements Act the Buy American statute is waived.  Consequently, U.S.-made or designated country end products are given equal consideration and the construction material would not necessarily have to be a domestic (U.S.) system.

If valued under $7,358,000 there may be exceptions to the Buy American statutes such as non-availability or unreasonable cost (see 25.202).  Assuming there are not exception to the Buy American statutes, the next step is to determine the country of origin for an end product under the Buy American statute.  The Buy American statute uses a two-part test to define a “domestic end product” or “domestic construction material” (manufactured in the United States and a formula based on cost of domestic components). It is important to note the component test has been waived for acquisition of commercially available off-the-shelf items.

The definition of a "domestic construction material" is a construction material manufactured in the United States, if—

(A) The cost of the components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(B) The construction material is a COTS item;

As you indicated the definition of "construction material" states that emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. I interpret this to mean all that while emergency lighting systems, fire alarms, and audio evacuation systems may be manufactured as discrete (separate) systems, when the are produced as a complete interworking system in a building, those discrete systems are evaluated as a single construction material.  This would include control panels, strobes, annunciators, etc.  These systems are typically manufactured and sold separate from the conduit and wire (etc) that connects the components and make them work.  While I haven't conducted any research on this, my initial opinion is that a system includes all the components needed to make it work and perform as a system.  Without the wire and conduit (almost certainly required by code) they system would not function, so I don't know how these components could not be considered part of the system.

Lastly, the 50% component test would not apply if the fire system is considered a COTS item.  I would regard a standard building fire system as a COTS item. Consequently, I believe that the system, as brought to the site, would just have to be manufactured in the U.S. if the Buy American statute applied.

 

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Todd - thank you for taking the time to answer, as people usually avoid BAA/TAA issues.

Summarizing your answer, you seem to be saying that the wire, conduit, etc, are necessary, and therefor part of the overall system. That means they are included in the calculations for the 50% content test. 

However, regarding your COTS statement: I think it is very unlikely that a fire alarm system could be COTS. Since it is, by definition, a single item of construction material, it is unlikely that that item would be sold to the government, without modification, in the same form in which it is sold in the commercial marketplace. What are the odds that the same system configuration would be sold to the government as in a commercial building, let alone in substantial quantities?

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I disagree with Todd Davis's interpretation that the construction materials (the system) is manufactured in the US when it is assembled at the site, as I think that is what he is saying.  The point of "regardless of when or how the individual parts or components of those systems are delivered to the construction site" simply means that it doesnt matter if the components arrive together, separately, at separate times, partially or totally assembled..

 

“Domestic construction material” means—

(1)

  • (i) An unmanufactured construction material mined or produced in the United States;

    (ii) A construction material manufactured in the United States, if—

    • (A) The cost of the components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

      (B) The construction material is a COTS item;'

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Joel, what then do you think the FAR means when it says that the entire system is "evaluated as a single and distinct construction material...."? Your post above seems to be saying that each item in the system (control panel, detectors, strobes, pull-boxes, etc) is an item of construction material, rather than the whole system being one item.

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17 hours ago, Fara Fasat said:

Joel, what then do you think the FAR means when it says that the entire system is "evaluated as a single and distinct construction material...."? Your post above seems to be saying that each item in the system (control panel, detectors, strobes, pull-boxes, etc) is an item of construction material, rather than the whole system being one item.

Fara, I didn't say that.  All the materials comprising the system are evaluated as part of the system, regardless of when or how they are delivered to the site - separately or all at once.  They aren't accepted or rejected under BAA, etc. individually. 

Incidentally, under USACE procedures (and other DoD and NASA, using the Unified Facility Guide Specs for construction submittals) contractors generally provide construction submittals for fire alarm and sprinkler systems before shipping materials  the submittals would include lists of materials and components with catalog cuts, shop drawings, material lists,  etc. that will allow one to evaluate BAA compliance. 

Fara, you said:

"However, regarding your COTS statement: I think it is very unlikely that a fire alarm system could be COTS. Since it is, by definition, a single item of construction material, it is unlikely that that item would be sold to the government, without modification, in the same form in which it is sold in the commercial marketplace. What are the odds that the same system configuration would be sold to the government as in a commercial building, let alone in substantial quantities?"

You are confusing COTS construction materials and COTS components with a building system.  From my experience, we don't modify the standard commercial off the shelf products used in DoD fire alarm, detection or sprinkler systems, HVAC systems, etc.  They are still COTS products. If  they are made in the US, they would be considered domestic for evaluation purposes.  We might have DoD specific configurations of wiring and components that aren't always used the same way in commercial buildings but the basic components are unaltered standard commercial products. As for fire control panels, they are custom built and configured, using COTS parts, for every building anyway whether commercial or DoD.   

 

 

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I sent a message to Fara earlier, stating that I haven't found any specific information concerning whether wire, conduit materials , etc. are evaluated as part of the total system or as separate materials. I advised Fara to ask the contracting office, if this is a question concerning a specific project. 

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16 hours ago, joel hoffman said:

I disagree with Todd Davis's interpretation that the construction materials (the system) is manufactured in the US when it is assembled at the site, as I think that is what he is saying.

Hi Joel, my comment had nothing to do with assembly at the site.  My comment was that the system as it is brought to the site (sitting on the delivery truck or ground at the site) would have to be manufactured in the U.S.

 

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16 hours ago, Fara Fasat said:

However, regarding your COTS statement: I think it is very unlikely that a fire alarm system could be COTS. Since it is, by definition, a single item of construction material, it is unlikely that that item would be sold to the government, without modification, in the same form in which it is sold in the commercial marketplace. What are the odds that the same system configuration would be sold to the government as in a commercial building, let alone in substantial quantities?

Hi Fara, I don't think the fact that a purchase system has to be configured to meet the needs of a specific building, makes it not a COTS item.  However, if the guts of the components needed to be modified to meet a government unique requirement, then it may not be a COTS item.  For example, would systems furniture not be considered a COTS item, just because it is configured in a different manner with different parts for each customer (government or non-government)? 

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2 hours ago, Todd Davis said:

Hi Joel, my comment had nothing to do with assembly at the site.  My comment was that the system as it is brought to the site (sitting on the delivery truck or ground at the site) would have to be manufactured in the U.S.

 

Cool. We are in harmony concerning that aspect, then. 

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Joel, I sent a reply to your message. Thanks.

As for COTS, I'm not confused about the definition. I fully agree that each of the components - alarms, panel, etc, are usually COTS items. The problem is that special definition for an emergency system. If we are to treat the whole system as a single item, then it is that single item that is delivered to the government. Accordingly, it is that single item that must meet the COTS definition. I don't think you can jump back and forth and treat the system as a single item for BAA purposes, but then look at the individual components for COTS purposes. That would be like breaking down a unique military item and saying that if each component is COTS, then the end item is COTS as well.

It certainly would be easier if we could do that, but I just don't think you can have it both ways like that. 

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Fara:

“Domestic construction material” means—

(1)

...(ii) A construction material manufactured in the United States, if—

(A) The cost of the components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

[Prepare the submittal list of materials and components for the particular system with adequate info to determine what is US manufactured and what is imported. If at least 50% is US manufactured, then I believe that it meets the domestic construction material definition. i think that is consistent with your OP]

or :

(B) The construction material is a COTS item;'

[if ALL of the components and materials are US manufactured COTS items, then it should obviously meet the requirements under both ( A ) and ( B )]

I didn't start the rabbit trail about COTS.  There appeared to be some debate whether the components would be commercial off the shelf Items.  I am not aware of any government or DoD unique components (or wire, conduit, fittings, and other incidentals of fire detection, alarm and sprinkler systems for buildings that aren't found in commercial buildings.  They generally fall under the NFPA codes and specs.   

Actually, your original question was simply whether or not the wire, conduit, fittings, etc. would be considered together with the devices and other components. I haven't found any written guidance but will try one of my contacts within USACE and ask.  There are a couple of USACE employee followers here who should be able to find that answer.  How about it USACE folks? 

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 I checked with my headquarters USACE contacts.  It is their position in that we should not include such materials as conduit,  wiring, fittings, etc. in the system, unless the manufacturer states that certain specific products must be used in conjunction with their Underwriter Laboratories UL rated system. The subject matter expert for life safety systems indicated that conduit and fittings wouldn't normally be part of the UL rated systems but wiring might be. 
 
i have a friend at church who is the Chairman of a good sized fire alarm and sprinkler system company (S&S Sprinkler, Inc.). I will double check with him. 
 

 

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That sounds right. I don't know the details of the UL approval process, but I believe that products are tested and then listed for a particular fire system. If you don't use a product on the list, the system will not get approved. If a specific wire is listed for a system, then only that wire can be used. 

Wouldn't mind hearing from your friend though.

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3 minutes ago, Fara Fasat said:

That sounds right. I don't know the details of the UL approval process, but I believe that products are tested and then listed for a particular fire system. If you don't use a product on the list, the system will not get approved. If a specific wire is listed for a system, then only that wire can be used. 

Wouldn't mind hearing from your friend though.

You said it better than me!  I will check with my friend ASAP . 

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Just checked with someone who works with fire systems. He says that while the listed items are good indicators of what comprises the 'system', it is not completely accurate. One manufacturer might list wire for a system, but another might not - sometimes the wire specifications are in the installation instructions. So the listing does not definitively answer what is in the system for the FAR's 'single item' definition. Conduit, boxes, etc, usually are not listed. 

Back to the drawing board? Any answer from your friend? It remains an important question, because the inclusion of wire, conduit, boxes, etc, can make the difference in the 50% US content. One argument I've heard is that the system is useless if it is not connected, so of course the wire and conduit and other elements are part of the system.

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I spoke with my Industry friend yesterday. He said essentially the same thing that our SME and your contact did - that the wire might be part of the system if specified by the manufacturer.  I think that it may be related to what is part of the UL listing.  But if the manufacturer identifies specific brands of wiring in the installation instructions, it should be part of the system, in my opinion.

He agreed that a specific brand of conduit and fittings wouldn't be a "system" requirement. 

As an aside, DoD installation fire marshalls, engineers and COE engineers generally exceed the NFPA and DoD level requirements for conduit "because that's the way we've always done it".  With looped, supervised fire alarm systems, there is not a necessity for conduit protection in most concealed locations. 

And studies by the Army indicated that many buildings are re-purposed, renovated, or otherwise altered every 25 years, resulting in tearout of those gold plated systems and the extraneous conduit any way. 

Oh, my S&S Sprinkler friend said that sprinkler pipe is definitely part of the fire sprinkler system, which is prolly obvious. 

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Thanks. Still has some subjectivity, but I think we can say that if something is specified to go with the system (such as a certain type of wire) then it can be included in the single-item 'system' for purposes of the BAA. 

Now, since you introduced it ;), are you saying that a sprinkler system falls within the category of 'emergency life safety systems'? I hadn't thought about it before because my concern was the alarm system, but I agree it should. However, note that its purpose is different from that of the examples in the FAR. Its purpose is to suppress a fire, even in non-occupied structures, whereas the FAR examples warn people and help in their evacuation, hence 'life' safety. Nevertheless, a sprinkler system saves lives too, so I would include it.

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