Buy American Act (BAA) and Build America Buy America Act (BABA)

Buy American Act of 1933 (BAA)

The Buy American Act of 1933 (BAA) applies to U.S. federal purchases over $10,000 and requires preference for domestic end products and construction materials. To qualify as “domestic,” products must be manufactured in the U.S. and meet specific content rules, which vary based on whether items are made primarily of iron or steel or other materials, including special considerations for commercially available off‑the‑shelf (COTS) products.

Build America, Buy America Act (BABA)

The Build America, Buy America Act (BABA) sets minimum domestic content requirements for federally funded infrastructure projects. It standardizes “Buy America” rules across agencies and applies to Federal financial assistance, not direct federal purchases. BABA requires products to be produced in the U.S., with specific standards for manufactured products, iron and steel, and construction materials. Agency‑specific rules may be stricter. Some FHWA and FTA projects allow BAA‑based compliance through October 1, 2026.

Trade Agreements Act (TAA)

The Trade Agreements Act (TAA) applies to U.S. federal purchases for government use when contract values exceed TAA thresholds. It waives Buy American Act restrictions, allowing eligible products manufactured in the U.S. or substantially transformed in designated countries. Over 100 designated countries qualify, including Canada and Mexico. Products from non-designated countries, such as China and India, are excluded from TAA-compliant federal procurement.