Mr. Rubin Ruiz, Sales Executive
SilverState Safety Image
14700 Firestone Boulevard
LaMirada, CA 90638
Dear Mr. Ruiz:
This letter responds to your correspondence of August 1, 2005, in which you request on behalf of SilverState Safety Image (SilverState) a Buy America non-availability component waiver for the following items of equipment manufactured by Orlaco in the Netherlands for use in video camera/surveillance systems: Orlaco Manual 7” LCD Thin Screen Transistor (TFT) monitor; Orlaco 6” LCD TFT built-in monitor; and Orlaco nitrogen-filled camera. You state that these Orlaco items, or their functional equivalent, are not available from a United States source. However, based on my review of market information, I have found this not to be the case. For the reasons below, I have determined that a waiver is not appropriate here.
The Federal Transit Administration’s (FTA) requirements concerning domestic preference for federally funded transit projects are set forth in 49 U.S.C. §5323(j). However, Section 5323(j)(2)(B) states that those requirements shall not apply if the item or items being procured are not produced in the U.S. in sufficient and reasonably available quantities and of a satisfactory quality. The implementing regulation also provides that a waiver may be requested "for a specific item or material that is used in the production of a manufactured product." 49 C.F.R. 661.7(g). The regulations allow a bidder or supplier to request a waiver only if it is being sought under this section. See 49 C.F.R. 661.7(g) and 49 C.F.R. 661.9(d).
SilverState argues that the “high quality and technology” of the Orlaco CCTV mobile cameras and LCD monitors “exceeds those presently produced in the United States.” However, FTA requested comment on this matter and received one response indicating that multiple domestic sources exist for functionally equivalent products, including, Verint, IPIX, ADT, Computar, Agis, NICE, and GE. Therefore, while the Orlaco CCTV mobile cameras and LCD monitors may include unique and desirable features, I cannot conclude that a domestic manufacturer of functionally equivalent products is unavailable.
Based on the above-referenced information, I have determined that the grounds for a "non-availability" waiver do not exist. If you have any questions, please contact Joseph Pixley at (202) 366-1936.