[RE-wrenches] Sanyo HIT and ARRA "buy american"

[Dave Click]

We had to recently deal with this. It's complicated.

As I understand it:
The WTO list of ~60 countries counts as "Buy American" ONLY IF a project 
is more than $7,804,000 (I believe this amount relates to the check 
being written for your Sanyo project, as opposed to the total funding 
amount VT received from the feds for their incentives), AND the group is 
an entity subject to US obligations under international trade 
agreements. The Appendix to Subpart B of 2 CFR (Code of Federal 
Regulations) 176 lists "U.S. States, Other Sub-Federal Entities, and 
Other Entities Subject to U.S. Obligations under International 
Agreements (as of February 16, 2010)" and at least for Florida, only 
Executive Branch Agencies may invoke international trade agreements. And 
again, only for projects valued at or above $7,804,000 for construction 
projects (2 CFR 176.90). Additional confusion comes from "Buy American" 
per the original act of 1933 and subsequent revisions being different 
from "Buy American" per ARRA.

If your project has a demonstrable need for higher-efficiency modules 
then you may be able to get a waiver from the DOE/NIST, but that's 
probably going to take a few months. So to sum up, you're facing an 
uphill battle.

Related note: I just looked at a system the other day with 
three-year-old Sanyos HIT 200s (not bifacial) with yellowing 
encapsulation- some at the busbars, but mostly in the interior of the 
modules (roughly the outer ring of cells was still clear). Anyone else 
seeing this?

Not an attorney, not legal advice, etc etc.,
Dave

Warren Lauzon wrote:
> This is but one of many exceptions noted in the act "
> “Recovery Act designated country” means a World Trade Organization
> Government Procurement Agreement country, a Free Trade Agreement
> country, or a least developed country."
>
> https://www.acquisition.gov/far/html/Subpart%2025_6.html
>
>
> -----Original Message----- From: Kirk Herander, VSE
> Sent: Wednesday, March 09, 2011 2:56 PM
> To: 'RE-wrenches'
> Subject: [RE-wrenches] Sanyo HIT and ARRA "buy american"
>
>
>
> The Sanyo literature states that sanyo wafers are made in the US. However,
> DOE exemption states that the module's cells have to be produced in the US
> (ie. the actual semiconductor). This would exclude Sanyo's, I presume,
> under
> the strict interpretation as to what a "wafer" vs. a "cell" is. The cells
> are fabricated from US-made wafers in Japan, correct? You can't have the
> cell without the wafer. The VT state program is balking at accepting Sanyos
> for ARRA incentives because of cell vs. wafer definition.
>
> I need to know if any of you have installed ARRA-funded system using
> Sanyo's
> and if this sticking point has caused problems. Any documentation you have
> received from Sanyo which clarifies this issue, arguing for ARRA approval
> would be most helpful. Again, this is only for ARRA-funded projects, not
> other gov't stuff like DOD, etc. Thanks.
>
> Read this article for reference:
>
> http://solar-energy-news-and-views.blogspot.com/2011/02/how-american-are-you
>
> r-solar-panels.html
>
>
>
> Kirk Herander
> Vermont Solar Engineering
> 802.863.1202
> NABCEP(tm) Certified Solar Installer
> NYSERDA-eligible Installer
> VT Solar Incentive Program Partner
>
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