Buy America Act Compliance
According to Congress.gov (https://crsreports.congress.gov/product/pdf/R/R46748/1):
"The Buy American Act of 1933 (BAA)… requires federal agencies to apply a price preference for "domestic end products" and/or use “domestic construction materials” for contracts performed in the United States... Generally, manufactured end products and construction materials are treated as domestic if they are manufactured in the United States, and either (1) the cost of components mined, produced, or manufactured in the United States exceeds 55% of the cost of all components, or (2) they are commercially available off-the-shelf (COTS) items."
"48 C.F.R. § 25.003. "COTS items" generally include any items of supply (including construction material) that are (1) "commercial items"; (2) sold in substantial quantities in the commercial marketplace; and (3) offered to the government without modification, in the same form in which they are sold in the commercial marketplace. 48 C.F.R. § 2.101. “Commercial items” are items of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes that have been sold, leased, or licensed to the general public, or offered for sale, lease, or license to the general public."
Altec AIR’s end products are manufactured in Broomfield, CO, and Lancaster, NY, and are commercially available to the public. Based on our understanding of the regulation, when offered to the government without modification these products meet the criteria for COTS items and are therefore compliant with the Buy America Act.
Sincerely,
Chris Foster
Managing Director, Altec AIR
Chris.Foster@AltecAIR.com