Philips Day-Brite ARRA
Buy American Search

Exceptions & Footnotes

1Products that are noted with “YES” next to them are commercial-off-the-shelf products made and/or assembled in the United States and are therefore domestic end products or domestic construction material in full compliance with the Buy American Act (41 U.S.C. <http://en.wikipedia.org/wiki/Title_41_of_the_United_States_Code> § 10a <http://www. law.cornell.edu/uscode/41/10a.html> –10d <http://www.law.cornell.edu/uscode/41/10d.html> ) and the Buy American provisions of the American Recovery and Reinvestment Act of 2009.

*The North American Free Trade Agreement Exception to the Buy American Act:

The Buy American Act is a law that is often included in federal and some state contracts. Under the law, products must be manufactured in the United States. The North American Free Trade Agreement (NAFTA) provides an exception to the Buy American requirement. The NAFTA exception applies only if the contract between the government and the prime/general contractor exceeds specified dollar thresholds.

The NAFTA dollar thresholds are different depending on the type of contract. For construction contracts, the contract amount must be more than $10,074,262. Assuming the contract exceeds this amount; both Canadian and Mexican products can be sold to the government. If the contract is a supply contract, then the contract between the prime/general contractor and the government must exceed $25,000 for Canadian products and $77,494 for Mexican products.

In cases where Philips is acting as a subcontractor, it is important to make sure the prime/general contractor is looking at the correct contract when applying the NAFTA exception. The only contract the prime/general should review is the contract that was awarded by the government. In other words, contracts between the prime/general and other vendors are not part of the calculation.

If you have any questions as to whether a NAFTA exception is available for your project please contact the Stimulus War Room Team at (781) 423-9223 or by email addressed to sean.muldowney@philips.com.

No** – For these products there is a Buy American option available. Please contact the factory for details.