What 41 USC § 8302 - Buy American Act (American Materials Required for Public Use) requires
41 USC § 8302 (originally enacted as the Buy American Act of 1933, Pub. L. 72-428; recodified into Title 41 by Pub. L. 111-350) requires federal agencies to acquire only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, for public use; subsection (b) provides three exceptions: (1) inconsistent with the public interest; (2) cost would be unreasonable; (3) articles are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality; the Act does not apply to materials for use outside the US, items under reciprocal defense procurement agreements or trade agreements (WTO GPA and US FTAs), or contracts below the micro-purchase threshold; the Build America Buy America Act (BABA) of 2021 (Pub. L. 117-58 §§ 70901-70927) extended Buy American principles to federal financial assistance for infrastructure projects; for iron and steel, special rules require all manufacturing processes from initial melting through coating to occur in the United States; current cost-of-components threshold under FAR 25.003 is 65% (rising to 75% by 2029) of total component cost.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (Buy American Act of 1933, Pub. L. 72-428, 47 Stat. 1520; recodified into 41 USC Subtitle II by Pub. L. 111-350, 4 January 2011; amended by Build America Buy America Act of 2021, Pub. L. 117-58) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/41/8302
SHA-256 integrity: ad3a8babb2afbb591dc8c900511f1f105771af9fd48c6d9c7f75b8e3a2a84b6b
Primary Citations — 5 traced to source
- 41 USC § 8302(a)(1) PREFERENCE FOR DOMESTIC PRODUCTS: 'Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the department or independent establishment concerned determines their acquisition to be inconsistent with the public interest or their cost to be unreasonable.'
- 41 USC § 8302(b)(1) PUBLIC INTEREST EXCEPTION: 'This section does not apply (1) to articles, materials, or supplies for use outside the United States; (2) if articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality'
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