Buy American Requirements for Steel or Manufactured Products
Buy American Certification: When your company is selling steel, iron, or manufactured products under 49 CFR 661.3 and 49 CFR 661.5, the company must also certify that is has complied with the requisite Buy American requirements.
BAA Certificate of Compliance with Buy America Requirements – 49 CFR 661.7
Buy American Certificate Requirements
In order to get your Buy American certificate, you have to certify that that each of your end products, except those listed as foreign end products listed in section (b) of the form, are domestic end products and that for other than COTS items, you have considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ‘‘domestic end product.’’ The terms ‘‘commercially available off-the-shelf (COTS) item, ’’ ‘‘component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ ‘‘foreign end product,’’ and ‘‘United States’’ are defined in the clause of this solicitation entitled ‘‘Buy American Act—Supplies.’’
49 CFR 661.5
All steel and iron manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives.
The steel and iron requirements apply to all construction materials made primarily of steel or iron and used in infrastructure projects such as transit or maintenance facilities, rail lines, and bridges. These items include, but are not limited to, structural steel or iron, steel or iron beams and columns, running rail and contact rail. These requirements do not apply to steel or iron used as components or subcomponents of other manufactured products or rolling stock, or to bimetallic power rail incorporating steel or iron components.
For a manufactured product to be considered produced in the United States:
- All of the manufacturing processes for the product must take place in the United States; and
- All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents.
Buy American Certification of Non-Compliance Buy American Requirements
Alternatively, if government contractors cannot meet the Buy American certificate requirements if must also certify to that extent. There is a possibility that it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.
Having the right Buy American Act lawyer on your team can avoid the complexities and confusion. Once you certify that you meet the statutory requirements, then failure to do can cause serious implications.
When the government asks you to certify that your products meet BAA certificate requirements, the question that arises is how should you respond?
There is no easy answer. Government contractors should not simply assume that because products are manufactured in the United States, that this is the end of the requirements analysis. Tracing the components and assessing the entire process is the better way of seeing whether you meet Buy American Act requirements.
- Before you certify meeting the Buy American Certificate requirements, make sure that you have conducted the proper legal analysis.
- A false representation to the government can result is serious penalties.
Get Consulting & Help With Buy American Certificate
For help with 49 CFR Buy American certificate requirements for steel, iron and manufactured products in the United States, call Watson & Associates LLCC BAA consultants and lawyers at 1-866-601-5518.