Does Hikvision Violate The Buy American Act?

I recently sent an email to the procurement officer on a "complimentary" purchase that was listed in this thread and designated as HikVision. Here is my request and their response.

I'm inquiring about this procurement as you state that this is a HikVision or equivalent product. Are you aware that your request (without valid justification - other than cost) is a complete violation of the BAA act that you say applies to this procurement. I would believe that you are violating the BAA in addition to the fact that the HikVision product is produced by a company that is partially owned by the communist government of china. This is clearly not a friendly country to the US and is not on the approved list of countries from which the Federal Government may procure products. In addition, I believe that this product will not pass IA compliance.

Please consider pulling this procurement and specifying VALID products that are IA compliant and are considered approved under BAA.

: Response :

Thank you for inquiring about subject solicitation. After considerable research, I can assure you that we are not violating the Buy American Act.

DFARS 225.1101(2)(i) - directs me to use the DFARS 252.225-7001, Buy American and Balance of Payments Program clause for acquisition of commercial items (FAR Part 12)

DFARS 252.225-7001(b) states, This clause implements 41 U.S.C chapter 83, Buy American. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (see section 12.505(a)(1) of the Federal Acquisition Regulation). Unless otherwise specified, this clause applies to all line items in the contract.

DFARS 252.225-7001 defines COTS as "Commercially available off-the-shelf (COTS) item"-

(i) Means any item of supply (including construction material) that is-

(A) A commercial item (as defined in paragraph (1) of the definition of "commercial item" in section 2.101 of the Federal Acquisition Regulation);

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

FAR 12.505 Applicability of Certain Laws to Contracts for the Acquisition of COTS Items

COTS items are a subset of commercial items. Therefore, any laws listed in sections 12.503 and 12.504 are also inapplicable or modified in their applicability to contracts or subcontracts for the acquisition of COTS items. In addition, the following laws are not applicable to contracts for the acquisition of COTS items;

(a)(1) The portion of 41 U.S.C. 8302(a)(1) that reads "substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States," Buy American--Supplies, component test (see 52.225-1 and 52.225-3).

FAR 52.225-1(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)).

These camera systems will never be connected to any outside or Air Force LAN.

Thank you again

The last line got me all hot and bothered - how are they going to ensure that this never gets connected to any outside or Airforce LAN .... how would you answer this?

NOTICE: This comment was moved from an existing discussion: US Embassy Requires Hikvision Cameras