The Whay Law Firm: Federal, State and Local Government Contract Attorneys Help New Jersey Contractors Comply with Buy American Act
Learn More About TAA & BAA Compliance
The Whay Law Firm assists New Jersey businesses in determining product compliancy with the Buy American Act. Although the federal, state and local laws may appear straightforward, the regulations and procedures are complex. Violating the law, intentionally or not, may result in financial loss to contractors and/or sub-contractors. The Whay Law Firm has extensive expertise in BAA, as well as related New Jersey and local government compliancy determinations.
What is the Buy American Act and How Does it Affect New Jersey Contractors?
The BAA (41 U.S.C. § 10a et seq.) was passed into law over 80 years ago. The federal law represents a preference for materials being procured by the U.S. government for public use to be made within the United States. Similarly, third-party purchases must also comply with the law. In New Jersey, similar state laws require American goods be purchased “where possible” for public works contracts, local public contracts, state construction contracts, and local schools contracts. There are exceptions to the BAA:
- Trade Agreements Act
- Price Reasonableness
- Department of Defense
The Trade Agreements Act (TAA) is implemented at FAR 52.225-5. With it, the President can waive BAA requirements for certain goods from designated countries. As long as the procurement provides U.S.-made or products from designated countries, BAA requirements are satisfied.
Price reasonableness is considered if a product made in the U.S. is more expensive than a similar product made elsewhere.
The Department of Defense (DoD) has significantly different requirements from any civilian agency. DoD procurements subject to the BAA require that 50% of the component costs of end products be from the United States or a Qualifying Country.
Call New Jersey BAA Attorneys Before You Bid on Government Contracts
Do you know all the requirements of the state or local contract on which you are bidding? Government contract proposal requirements may vary and while violations must be a concern, there is also risk of over-certifying when responding to an RFP. To avoid additional costs and/or potential costly violation penalties, contact the government contract experts at the Whay Law Firm before you place the bid. Our attorneys will assist in authenticating the product, ensure that you are meeting the U.S., state and local requirements, and help you avoid over-certifying.
