What does it mean to be BAA Compliant?

By Leigh Ann Steele

This article explains the Buy American Act (BAA) and how to comply with BAA standards.

What is the Buy American Act?

The Buy American Act (BAA), enacted by Congress in 1933, requires Federal Government Agencies to procure products produced or manufactured in the United States[1]. Specifically, the law “requires federal agencies to apply a price preference for domestic end products and use domestic construction materials for covered contracts performed in the United States.”[2]

History of the Buy American Act (BAA)

President Herbert Hoover signed the Buy American Act on March 3, 1933, on his last day in office. Initially, the Buy American legislation was partly inspired by “Buy British” marketing campaigns and the fact that many U.S. government agencies and projects were purchasing foreign products. The legislation also came about after the Great Depression, and it aimed to protect American jobs for large government-sponsored projects like the Hoover Dam.[3]

Additional Related Legislation

Since 1933, due to its control over federal Spending, Congress authorized several laws in addition to the BAA that restrict federal agencies from purchasing foreign products, with various exceptions:

The Trade Agreements Act of 1979 (TAA) (19 U.S.C. §§ 2501-2581), allows agencies to waive the BAA in certain instances. The TAA also allows specific eligible products from designated countries to be considered alongside offers from U.S. companies for certain types of federal acquisitions that exceed explicit monetary amounts.

In addition, the Department of Defense (DOD) has special requirements for purchasing domestic goods. Specifically, the Berry Amendment requires that “food clothing, tents, certain textile fabrics and fibers, hand or measuring tools, stainless steel flatware, and dinnerware” procured by the DOD be grown, reprocessed, produced, or reused in the United States (10 U.S.C. § 4862). It also provides for a “specialty metals restriction” that ensures that any “specialty materials” to be used in any U.S. aircraft, mobile units, weapons, or weapon system must be produced in the United States (10 U.S.C. § 4863).[4]

What are BAA Standards?

According to Federal Acquisition Regulation 25.003, a product qualifies as a domestic end product if the item is manufactured in the U.S. and more than 60 percent of the cost of all the component parts is also mined, produced, or manufactured in the U.S. (this pertains to products that are not iron and steel products). The guidelines for domestic end products increased to 60 percent on October 25, 2022, further increases to 65 percent in the calendar year 2024, and 75 percent in the calendar year 2029. If products are not available that meet the new standards or the cost is unmanageable, agencies are allowed to fall back to 55 percent until December 31, 2029.[5]

Complying with BAA Standards

Under the Buy American Act, federal government contractors are required to submit a certificate affirming that they adhere to the BAA standards described above. The specific language and format of this document are required and detailed in the Federal Acquisition Regulation (FAR) (48 C.F.R. §§ 25.1101(a) and 52.225-2.[6] Information on federal contract listings and data can be found at sam.gov (https://sam.gov/content/home).

Does Sleepnet offer BAA-compliant products?

Yes, Sleepnet manufactures BAA-compliant products.

Sleepnet believes in building products that help people lead healthier lives. As a company that offers BAA-compliant products, we are experienced manufacturers focused on developing best-in-class products that improve the health and well-being of our customers. For more than 30 years, Sleepnet has manufactured gel masks and respirators built to help customers breathe easier. Our products include Continuous Positive Airway Pressure (CPAP) masks, Noninvasive Ventilation (NIV) masks, Pediatric masks, and N95 Respirators. With comfort and safety top of mind, we proudly design and manufacture our products in the United States.

Find out more:

To learn more about Sleepnet masks, visit www.sleepnetmasks.com or email sales@sleepnetcorp.com.

[1] United States Government (2023, March 15). 41 USC Ch. 83: BUY AMERICAN. Office of Law Revision Counsel United State Code. Retrieved March 28, 2023, from http://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim

[2] United States Government (2022, November 8). The Buy American Act and Other Federal Procurement Domestic Content Restrictions. Congressional Research Service. Retrieved March 28, 2023, from https://crsreports.congress.gov/product/pdf/R/R46748

[3] Reinsch , W. A., Hoffner, J., & Caporal, J. (2020, April 10). A World in Crisis: Will Buying American Help or Hurt? Retrieved March 28, 2023, from https://www.csis.org/analysis/world-crisis-will-buying-american-help-or-hurt

[4] United States Government (2022, November 8). The Buy American Act and Other Federal Procurement Domestic Content Restrictions. Congressional Research Service. Retrieved March 28, 2023, from https://crsreports.congress.gov/product/pdf/R/R46748

[5] U.S. Government (2022, March 7). Federal Acquisition Regulation: Amendments to the FAR Buy American Act Requirements. Federal Register. Retrieved March 28, 2023, from https://www.federalregister.gov/documents/2022/03/07/2022-04173/federal-acquisition-regulation-amendments-to-the-far-buy-american-act-requirements

[6] U.S. Government (2022, October 1). Buy American Certificate. Acquisition.gov. Retrieved March 28, 2023, from https://www.acquisition.gov/far/52.225-2

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