Alaska Government Contractors Determine BAA Product Compliance Assisted By The Whay Law Firm

Learn More About TAA & BAA Compliance

Although the federal, state and local laws related to product compliance under the Buy American Act (BAA) may seem simple at first, the law and procedures are nuanced. Businesses risk penalty damages and serious financial loss if determined to be non-compliant. The Whay Law Firm focuses entirely on government contract law and assists Alaska businesses in determining product compliance with the Buy American Act and related Alaska state or local regulations.

The BAA Exceptions For Alaska Contractors

The BAA (41 U.S.C. §§ 8301–8305) is Depression-era legislation that established a general preference acquiring materials manufactured in the United States when the U.S. government is procuring the materials for public use. Contractors’ purchases for highway and other government-funded transit programs, even when procured by a 3rd party, are also subject to BAA requirements.

The BAA allows for some exceptions, such as under the Trade Agreements Act (TAA), Price Reasonableness, and Department of Defense (DoD) contracts. For example:

• The TAA allows the President to waive BAA requirements for certain materials from designated countries. BAA requirements are generally satisfied if procured products are subject to and compliant with the Trade Agreements Act requirements.
• Price Reasonableness is considered when the U.S.-made product is significantly more expensive than a similar foreign product. If conditions are met under Price Reasonableness, the agency may be permitted to purchase the foreign product. A compliance determination depends on the manufacturing process, the country of origin and business size, among other details of the contract.
• DoD procurements are subject to significantly different requirements than civilian agencies. DoD procurements that are subject to the BAA require that 50% of the component costs of end products be from the United States or a Qualifying Country.

Contact the Whay Law Firm’s BAA Experts Before You Bid on Government Contracts in Alaska

Companies may run the risk of over-certifying or under-complying when bidding on a government contract. It takes deep legal experience to authenticate the specific product for a specific RFP. The Whay Law Firm is a full-service government contract law firm. We will work with you to analyze the product components and parts, review the relevant FAR clauses included in the prime contract/solicitation and assess all applicable exceptions to the BAA. Contact us today.