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Buy American Clause: is it the architect's or contractor's responsibility to verify item is made in America?
The project we are working on is being funded with stimulus money, so products used must show a Made in America certificate. However, many of the products that the architects and interior designers specified are manufactured outside the United States so we cannot use/install them. Therefore, we have to research these products before ordering them and inform the architects and interior designers if the specified item is made in a country other than the United States so that a substitute can be selected. We have to research all these products and get letters from the manufacturers verifying the item is in accordance with the Buy American act. This is slowing the job down because many of the manufacturers are ignoring our calls and emails for documentation. We don't have time to sit around all day researching this stuff and making phone calls when we have a schedule to follow. Shouldn't the architects and interior designers be familiar enough with the products they specify to know where the products are manufactured, especially if the Buy American Act was in effect during the design phase? If they picked American products to begin with, we wouldn't be behind schedule while waiting on letters and approval of substitute items. Funny thing is, our contract states that it is the contractor's responsibility to make sure the products meet the Buy American Act. I find this very odd because the contractors buy and install, not select products.
I am not opposed to Buying American. I was under the impression that the architect was to select American made products to begin with, that is why I was confused as to why the contractor was to verify the products.
The contract does say that it is the prime contractor's responsibility. Since the contractor has to verify the products, I feel that architect should also have the responsibility to verify a product before specifying it. Not knowing where a product is manufactured has caused the architect to have to reselect several products. This is not only wasting our time, but it is wasting the architect's time as well.
We have had difficulty getting certified letters from some of our manufacturers. We sent letters about not releasing checks until we are given a certified letter. A few responded positively and sent us letters right away and a few threatened to never do business with us in the future. I guess this goes to show that you can't make everyone happy!
2 Answers
- oil field trashLv 71 decade agoFavorite Answer
Who is responsible is dependent on what the contracts say and who is the prime contractor and who is the sub.
Anyone taking on a contract like this should have been aware of the problems with the limitations of where equipment and material comes from.
If your contract calls for you to buy then it is your job to verify the source. Your company should have allowed for this in making their cost estimates and schedule. If the engineers are working as a subcontractor then your company should have made it a requirement for them to do the research on American products before they made a selection.
I have seen this type of thing many times and the person responsible always wants to pass the buck when they get caught not following the contract they have signed.
As to those who criticize the idea of Buy America First, they should think again. Remember the idea in this case was to put Americans to work not Chinese.
Source(s): 35 years of project work from the bottom up. - BrambleLv 71 decade ago
I read between the lines that you represent the contractor who has overall (turnkey??) responsibility for the project. It is not surprising that the owner passes 100% responsibility for fulfilling the terms of the BAA to you. He doesn't want the hassle you're having and wants only one party to deal with who can't blame anyone else. I would do the same! You of course should have scheduled in the necessary time but then maybe you'd have lost the job(?)
To get yourselves out of all that you must pass on the responsiblity pro rata to all your subcontractors and suppliers, if possible sufficiently penalised that you will recoup any losses you incur, but at least enough to "hurt". Payment to your subs must also be tied to delivery not only of their work but also of the necessary certifications. Since they must be US they must surely comprehend the requirements but will be very pleased if they can avoid them!!.
You also may have to consider the costs (including LDs or penalties) for project delay and weigh these against the costs of non-compliance to optimise your progress
