Current proudly offers luminaire and control solutions that comply with the Buy American Act of 1933 (BAA) requirements. In general, the BAA restricts federal agencies’ ability to purchase non-U.S. goods by providing a pricing preference to domestically produced goods. BAA waivers may be given where the Trade Agreements Act of 1979 is applicable. In these instances, goods from designated countries like Mexico and Taiwan receive equal consideration with offers of domestically produced goods.
You’ll find Current offers luminaire and control solutions that qualify as “domestic construction material” per FAR §52.225-9 Buy American- Construction Materials. Those products are “commercially available off-the-shelf (COTS) items” as that term is defined at FAR §2.101.
In addition, you’ll find products that qualify as “designated country construction material” per FAR §52.225-11 Buy American-Construction Materials under Trade Agreements. These products are last substantially transformed in a designated country but may also incorporate U.S. content and/or processing.
Click the brand logos below to see qualifying Buy American FAR §52.225-9 and Trade Agreements FAR §52.225-11 solutions. If you don’t see what you are looking for please reach out to your Current representative, who will submit a request via the Buy America(n) page on the Agent Resource Center.
The list of BAA/TAA eligible products is subject to change without notice.
This does not provide legal advice. If you have questions about the application of any government contract provision, you should seek the advice of a qualified attorney.
The Current products offered under “Buy American Solutions” satisfy the Buy American Act and / or the Trade Agreements Act. The information that follows will help you navigate this distinction.
What is the Buy American Act? (FAR §52.225-9)
- The term “Buy American” is often used generically to describe a variety of laws and regulations that impose domestic content requirements. The Buy American Act of 1933 (“BAA”) is the major domestic preference statute governing procurement by the federal government. This legislation protects domestic labor by requiring a preference for domestic end products and construction materials.
- Where applicable, the BAA restricts purchases of supplies and construction materials to domestic end products and construction materials unless an exception or waiver (for example under the Trade Agreements Act) applies.
- Non-domestic products may be offered for a BAA job, but the contracting officer will add a cost factor when comparing them to offers of domestic products.
- Products that satisfy the BAA qualify as “domestic construction material” per (i) FAR §52.225-9 Buy American-Construction Materials and (ii) FAR §52.225-11 Buy American-Construction Materials under Trade Agreements. In other words, a product that satisfies FAR §52.225-9 will also satisfy FAR §52.225-11 (but not vice versa).
What is the Trade Agreements Act? (FAR §52.225-11)
- Under the Trade Agreements Act of 1979 (“TAA”), the President may waive BAA requirements such that products from certain countries are not treated less favorably than domestic products.
- Generally, if the specification includes a TAA waiver, products from certain designated countries (including Free Trade Agreement countries like Mexico and Taiwan) receive equal consideration with domestic products.
- Products that satisfy the TAA qualify as “designated country construction material” per FAR §52.225-11 Buy American-Construction Materials under Trade Agreements.
How is the Buy American Act different from the Buy America Act?
- The Buy America Act (note there is no “n”) is the popular name for a group of domestic content restrictions that attach to funds administered by the Department of Transportation. In short, various domestic content requirements apply to purchases made with federal transportation funds. The source of the money is federal but the purchases are not made directly by the federal government.
- This could include projects for the FTA (49 USC 5323(j)); FHWA (23 USC 313), FAA (49 USC 50101 & 50103) or AMTRAK (49 USC 24305)
How do I know if a product qualifies for one of the Buy America projects (FTA, FHWA, FAA or AMTRAK)?
- There are different requirements for each of the Buy America regulations. Through your local Current representative, we will review and respond to your inquiry on interested products. To locate your representative, click here.
Is the Buy American Act the same as “Made in the USA”?
- No. “Made in the USA” claims are governed by the Federal Trade Commission (FTC). For a product to claim “Made in USA”, the product must be all or virtually all made in the United States.
How do I know which regulation I need to satisfy?
- Check your solicitation; consult with Contracting Officer/General Contractor/Project manager responsible for procurement.
This document does not provide legal advice. If you have questions about the application of any government contract provision, you should seek the advice of a qualified attorney.