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Buy American Act (BAA) & Trade Agreements Act (TAA)

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Buy American Act & Trade Agreements Act

Government contracts for the purchase of goods and products commonly require certification that the contractor’s products comply with the Buy American Act (BAA) or Trade Agreements Act (TAA).

This certification is a frequent challenge of rivals in bid protests before the GAO. Suddenly discovering a central product is ineligible for sale to the government can be devastating for many contractors. Centre trains compliance to the acts, advises on specific solicitation certifications, and advocates for proper interpretation of the statutes for our many clients selling to the federal government.

  • Trade Agreements Act ‘U.S. made end product’ compliance
  • Buy American Act ‘domestic end product’ compliance
  • Trade Agreements Act and GSA Schedules
  • VA Schedule Program product compliance
  • ‘Substantially transformed’ products counseling
  • ‘Country of origin’ determinations

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Buy American Act & Trade Agreements Act FAQs

The Buy American Act, 41 U.S.C. § 10 et seq. is Congressional legislation from the Great Depression Era which established a general preference for the acquisition of materials manufactured in the United States when the materials are being procured by the U.S. Government for public use in the United States. This law offers several complex exemptions.

The TAA implements U.S. commitments under international agreements on Government procurement. It grants the U.S. government broad discretion to waive Buy American Act restrictions for designated countries that have executed trade agreements. 19 U.S.C. § 2511; FAR § 25.400. In order to encourage other countries to enter into trade agreements, the TAA prohibits the procurement of products from non-designated countries, unless the product at issue has been substantially transformed in the U.S. or in a designated country. 19 U.S.C. § 2512, FAR Clause 52.225-5(b); Hung Myung (USA) Ltd.; Containertechnik Hamburg GmbH & Co. B-244686, Nov. 7, 1991, 91-2 CPD ¶ 434.
Congress has legislated that the U.S. Government may only procure U.S.-made or designated country end-products or services. This means that products and or services that are end-products or services of countries other than the United States, or identified designated countries, will not be considered for an award. See 19 U.S.C. §2501, Trade Agreements Act, as amended, for more details.
The U.S. Government has various contractual and administrative remedies for non-compliant contractors with the Buy American Act and Trade Agreements Act requirements. They include monetary damages, termination for default, debarment, or suspension. Additional remedies may apply.
The BAA aims to encourage government spending for American products, where the TAA expands to allow products from several other countries the U.S. government has a trade agreement with. The two acts are very similar but are triggered by different requirements and with different exceptions.
Both Acts are notoriously difficult to interpret for individual products and are highly fact specific. If you are certifying a product to be compliant with these Acts it is often necessary for outside legal analysis. Feel free to give us a call for a free telephonic consultation at 703-288-2800.

Centre's BAA & TAA Experts

Managing Partner

Barbara Kinosky

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Barbara Kinosky, Esq., is the Managing Partner of Centre Law. She has over thirty years of representing clients in various federal government contracting issues including TAA compliance, disputes, and protests.  Barbara has been recognized for her outstanding contributions to federal government contracting and was voted into the American Bar Foundation as a Fellow, an honor limited to the top 1% of licensed attorneys. Barbara Kinosky is a nationally renowned speaker, author, expert witness, and AAA Arbitrator specializing in complex prime subcontractor...
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Associate Attorney

Sudarsanan Sivakumar

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Sudarsanan (Sudar) Sivakumar is a dual licensed attorney (New York and India) specializing in export controls in Centre’s International Trade practice and Trade Agreements/Buy American Act matters in Centre’s Government Contracts practice. He has counseled clients regarding the interpretation of the Export Administration Regulations (“EAR”), ECCN Government and self-classifications, the interpretation of Department of Treasury OFAC sanctions, restrictions, embargoes, and denied entities and persons, the classification and export of Core Flight Systems (cFS) related to space technology, flight software, computer...
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Our attorneys have over 30 years of experience in Government Contracts and are experts in BAA and TAA. We are ready to assist you today.

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Upcoming Courses

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BAA and TAA Compliance Fundamentals | November 5, 2026 @ 1PM-3:30PM

Compliance with the Buy American Act (“BAA”) and the Trade Agreements Act (“TAA”) is essential, especially now as international trade faces heightened scrutiny under the current administration. This class provides an in-depth analysis of all aspects of BAA/TAA, explicitly focusing on TAA’s “U.S. made end products compliance” and BAA’s “domestic end products compliance.” Our instructors are attorneys and offer expert interpretation on the “Substantial Transformation test” and “Country of Origin” determinations to help with your business. Ensure you are equipped with the knowledge and skills necessary to navigate these complex issues and ensure compliance with BAA and TAA requirements.

Who Should Attend?

  • Senior Management in Charge of U.S. Sales
  • Business Development and Sales Professionals
  • Compliance Directors
  • In-house Attorneys
  • Program Managers
  • Supply Chain Managers
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