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Buy American Act Compliance

DuraGuard Buy American Act (BAA) Compliancy Statement

United States Code (USC) Title 41- Buy American Act (BAA) Chapter 83

Federal Acquisition Regulation (FAR) – Subpart 25.2-Buy American-Construction Materials

        • As referenced in FAR Subpart 25.2 and the definitions below are the requirements to purchase construction materials for federally funded projects. The supply of products must be “Domestic end products” that are manufactured in the U.S. These “Domestic end products” are defined in two categories:

    1. Manufactured of 65% U.S. made components. A component needs to be made in the U.S., but that component may have any percent of foreign sub-components.
    2. Commercially available off-the-shelf (COTS) item. A COTS item is defined as an item that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and has been sold, leased or licensed, or offered for sale, lease or license, to the general public without modification. A COTS item must be manufactured in the U.S. and is exempt from the 50% content rule.

      DuraGuard products listed as BAA Compliant on our website comply as “Domestic end products” manufactured in the U.S. that are “Commercially available off‐the‐shelf” (COTS) items. These product families are manufactured for orders in one or more of our U.S. facilities located in Tampa, FL; Memphis, TN; Wilmington, DE; and Cerritos, CA.

      Note: DuraGuard does not imply compliance with any provisions of BAA other than for COTS items as indicated above. Acceptance of products is determined by the actual project specifications and at the discretion of the government procurement office.

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