Buy American Act

When BAA Applies

The Buy American Act of 1933 applies to direct federal government procurement. If a federal agency is purchasing goods for its own use under contract, BAA is the governing standard. The Federal Acquisition Regulation (FAR) Part 25 implements BAA in federal contracts. Common examples include direct procurement by the General Services Administration, the Department of Defense, the Department of Energy, the Department of the Interior, and most other federal agencies for facility maintenance, capital projects, and operations.

BAA does not apply to federally funded projects where a non-federal entity is the purchaser. A state DOT spending federal-aid highway dollars on a bridge is not buying under BAA directly. The non-federal entity may be subject to BABA or AIS depending on the funding source, but it is not subject to BAA.

What BAA Requires for Iron and Steel

For iron and steel products including flanges, fittings, and valves, BAA requires that the product be manufactured in the United States. The standard is interpreted as the final manufacturing step occurring on US soil. For a forged steel flange, that means the forging and machining must occur domestically. BAA focuses on US manufacture of the end product; melt traceability is generally a BABA or AIS overlay rather than a base BAA requirement, though project-specific terms may add it.

For iron and steel end products, BAA applies the "predominantly iron or steel" test: the product is treated as an iron or steel end product when iron and steel content exceeds 50 percent of total component cost, and all iron and steel manufacturing processes must occur domestically with no cost-share calculation. This is distinct from the manufactured-products domestic-content cost-share test, which under the 2024 FAR final rule is 55 percent (set to step up further in subsequent years). Project specifications should be read for both the iron-and-steel determination and any cost-share threshold applicable to the contract year.

DFARS Specialty Metals (DoD Procurement Overlay)

On Department of Defense procurement, DFARS 252.225-7008 and 252.225-7009 add a specialty-metals restriction on top of BAA. The clauses cover specific high-performance alloys (titanium, certain corrosion-resistant steels, certain nickel and cobalt alloys, and others listed in the regulation). DFARS does not require domestic melt only. Specialty metals must be melted in qualifying countries (the United States or a DFARS-designated Qualifying Country such as the United Kingdom, Canada, Australia, and other allies listed in DFARS 225.872-1), with melt and pour locations documented on the mill certificate.

Documentation We Provide

• Manufacturer Certification: written statement from the manufacturer confirming that the iron and steel product was manufactured in the United States.
• Mill Test Reports: full material traceability with heat numbers. EN 10204 3.1 or 3.2 certificates available on request.
• BAA Compliance Letter: project-specific letter referencing the FAR Part 25 clause in the contract and confirming applicability of the supplied product.
• Component Origin Statements: when project specifications require subcomponent origin documentation, we work through the chain to provide it.

Waivers

BAA includes waiver provisions for unavailability and cost. The unavailability waiver applies when domestic product is not produced in sufficient quantity or of satisfactory quality. The cost waiver applies when domestic product would unreasonably increase project cost. Waivers are project-specific and require formal documentation. We do not assume waivers will be granted. Quote with domestic product first and pursue waivers only if the project owner directs.