Exception Domestic Piping Purchase
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The contract outlines a request for an exception under FAR 52.225-9(b)(3)(i) to permit the purchase of a pre-insulated black steel pipe product that is not 100% American made for an ongoing project. The product, supplied by Heating and Plumbing Engineers Inc., consists of XTRU-THERM Perma-Pipe where approximately 75% of the material by value is imported black steel pipe, while the foam insulation and pipe jacket are produced domestically, accounting for about 25% of the product. The fully domestic version of this product is not commercially available "off the shelf" and requires additional lead time of around a month, whereas the partially imported, commercially stocked version can be shipped immediately from multiple U.S. locations. By purchasing this less than 100% American made product, the project will save $1,017 compared to buying the fully domestic equivalent, which translates to roughly an 11% cost difference. This procurement is also essential to address urgent repairs on leaking underground hot and chilled water lines between two buildings, with ongoing water loss and potential risk of operational disruption. Market research confirms limited domestic production capacity with only one plant near Lebanon, Tennessee manufacturing the steel portion by custom order, and that the readily available product involves import components sourced from trade agreement partner countries, excluding concerns regarding high-risk nations. The contractor's local distributor verified that the imported steel does not originate from adversarial countries. These conditions justify the exception request on grounds of non-availability of the fully domestic product in sufficient commercial quantities and the unreasonable cost and delay associated with its procurement. The inclusion of a 6% domestic preference cost adjustment still does not make the 100% American product more cost-effective or timely. This exception supports continuity of construction practices that rely on consistent piping materials and mitigates the risk of pipeline integrity issues caused by mixing dissimilar materials.
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