Buy American Act
Hager Commercial Products
Compliance with:
Buy American Act of 1933 (BAA) US Code, Title 41, Section 10 (a-d)
This section, also known as the Buy American Act of 1933, requires that the U.S. government prefer U.S.-made products in its purchases. It applies to all federal contracts for public works and requires that only unmanufactured articles, materials, and supplies mined or produced in the U.S., and manufactured articles made substantially from U.S. materials, be used.
US Code, Title 49, Section 5323 (j)
This section, part of the Federal Transit Administration's (FTA) Buy America requirements, mandates that all steel, iron, and manufactured goods used in federally funded transit projects be produced in the United States. The goal is to support domestic manufacturing and labor.
Build America, Buy America Act (BABA)
Enacted as part of the Infrastructure Investment and Jobs Act of 2021, this act establishes a domestic content procurement preference for all federal financial assistance obligated for infrastructure projects. It requires that all iron, steel, manufactured products, and construction materials used in covered projects be produced in the U.S. The act aims to bolster American manufacturing and ensure that taxpayer dollars support domestic jobs.
Trade Agreements Act (19 U.S.C 2501)
The Trade Agreements Act (TAA) of 1979 allows the President to waive Buy American requirements for products from countries that have trade agreements with the U.S. This act aims to promote fair and open international trade. The TAA applies to federal procurements and ensures that the U.S. complies with its international trade obligations. These agreements include the World Trade Organization Government Procurement Agreement (WTO GPA) and the United States-Mexico-Canada Agreement (USMCA). On projects more than $7.8 million, these products are equal to domestically produced products.
- International Trade Agreements: Waivers can be granted for eligible products from countries that have signed international trade agreements with the U.S.
- Least Developed Countries: Waivers can be granted for products from countries designated as least developed by the U.S. Trade Representative.
Section 1
These products are manufactured with domestic steel, brass, aluminum, or stainless steel and meet 52.225.23 (FAR) as a construction material manufactured in the United States.
Please note that “Made in America” or “Buy American Act (BAA)” must be specified on any purchase order to ensure compliance.
Architectural Hinges
All products except for the following exceptions:
ECCO brand hinges, Hager 1279 / BB1279 series in 3.5”x3.5” and 4”x4” sizes, BBIHTHB953, 1850, , 1303, and the 495/496/497 and 615 pivot sets
Roton Continuous Hinges
All products are manufactured in the U.S. with domestic aluminum
Thresholds and Weatherstripping
All products are manufactured in the U.S. with domestic aluminum, bronze, or stainless
Trim and Auxiliary
The following products are manufactured in the U.S. with domestic raw materials:
- Mop/Kick/Armor Plates – 190S, 198S, 199B, 204S, 214S, 220S/223S/224S, 225S
- Pulls – 1 through 27, 121L (Exceptions: 5N-8N, 19N, 20N)
- Push Plates – 30S, 50T, 60/70S/80S, 90R (Exceptions: 35N-36N)
- Push/Pull Sets – 31 thru 39, 41 thru 49,138 thru 170
- Push Bars – 125 through 137
- Signs – 350 thru 369
Sliding Door Hardware
Sliding door hardware sets are manufactured in the U.S. with over 51% of domestic materials and cost of the product being assembled in Howell, MI
American Recovery and Reinvestment Act (ARRA) (Section 1605) Trade Agreements Act (TAA) (19 US Code 2501) FAR Subpart 25.4 and 25.6 United States-Mexico-Canada Agreement (USMCA)
Section 2
Trim and Auxiliary (not listed under Section 1), Locks, and Exit Devices are manufactured in Taiwan and qualify for BAA and ARRA Government projects under the Buy American Act provisions of FAR clause 52.225.23 as a designated country and the Recovery Act provisions of section 1605, Subpart 25.6- ARRA-Buy American Act-Construction Materials, 25.603 Exceptions, as a favored nation and meet the exceptions described in “25.101 General” and “25.103 Exceptions” of the FAR (Federal Acquisition Regulations).
Exceptions: 2300 and 3300 Series Locksets which are manufactured in China
Hager’s HS4 products are manufactured in Spain and qualify for BAA and ARRA Government projects under the Buy American Act provisions of FAR clause 52.225.23 as a designated country and the Recovery Act provisions of section 1605, Subpart 25.6- ARRA-Buy American Act-Construction Materials, 25.603 Exceptions, as a favored nation and meet the exceptions described in “25.101 General” and “25.103 Exceptions” of the FAR (Federal Acquisition Regulations).
Please note that “Buy American Act (BAA)” must be specified on any purchase order to ensure compliance.
The products in this section qualify as a WTO GPA or ‘Favored Nation’ country. On projects less than $2,000 and more than $7.8 million, these products are equal to domestically produced products.
These products can also be used anytime the contracting officer or Government Agency agrees to be bound by the trade agreements or uses the “public interest” exception for expedited projects.
Door Closers are manufactured in China, however 25.603 provides for the contracting officer to incorporate foreign construction materials without regard to the restrictions of section 1605 of the Recovery Act or the Buy American Act when one of the following exceptions applies:
- Non-availability
It may be determined that a particular construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. - Unreasonable cost
The contracting officer concludes that the cost of domestic construction material is unreasonable by using an evaluation factor of 20 percent applied to the cost of foreign construction material. - Inconsistent with public interest
The head of the agency may determine that application of the restrictions of 1605 of the Recovery Act to a particular construction material would be inconsistent with the public interest.