What Engineers and Buyers Need to Know

When sourcing pipe, valves, fittings, and structural materials for government, infrastructure, or defense projects, buyers often run into terms like Buy American, Buy America, DFARS, AIS, and BABA. While they sound similar, each carries distinct legal and compliance requirements.

In this blog post, we break down the differences and key implications of these domestic sourcing rules so you can make informed, compliant decisions on your next job.

"Made in USA" - A Marketing Claim, Not a Compliance Term

Let’s start with the most misunderstood label: "Made in USA."

• Defined by the Federal Trade Commission (FTC) for marketing purposes

• To make this claim, a product must be "all or virtually all" made in the United States

• It does not automatically meet the requirements of government procurement laws (like BAA or DFARS)

Bottom Line: Just because something says “Made in USA” doesn’t mean it complies with federal or defense regulations.

Buy American Act (BAA) – FAR Subpart 25.1

Passed in 1933, the Buy American Act governs direct federal procurement.

• Applies when the U.S. federal government is the buyer

• Covers products purchased for use within the U.S.

• Requires that the end product be manufactured in the U.S., with a certain percentage of U.S. content

Key Requirements:

• Manufactured in the U.S.

• Must meet domestic content thresholds (currently 65% for most products, increasing to 75% by 2029)

• Allows waivers for unavailable or unreasonably priced U.S. goods

Applies to: Federal building projects, VA hospitals, courthouses, military facilities (not necessarily DoD)

Buy America – Transportation Infrastructure Projects

This is often confused with BAA, but applies to infrastructure projects funded through grants by:

• Department of Transportation (DOT)

• Federal Highway Administration (FHWA)

• Federal Transit Administration (FTA)

• Amtrak

Key Requirements:

• Requires 100% domestic content for iron, steel, and manufactured goods

• Applies to roads, bridges, railways, and public transportation

• Requires melting, manufacturing, and coating processes to occur in the U.S.

Applies to: Public infrastructure using federal grant funds (not direct federal purchasing)

Build America, Buy America Act (BABA) – 2021

Enacted under the Infrastructure Investment and Jobs Act (IIJA), BABA greatly expands Buy America provisions.

Key Features:

• Applies to all federally funded infrastructure, not just transportation

• Covers iron, steel, manufactured products, and construction materials

• Requires U.S. origin manufacturing and domestic content verification

• Applies across agencies: EPA, DOE, USDA, HUD, DOT, and more

Applies to: Water projects, broadband, power grid upgrades, housing developments

Important Note: BABA implementation is ongoing; agencies are issuing waivers, but documentation is key.

American Iron and Steel (AIS) Provision – EPA Water Projects

• Applies to Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) projects

• Requires that 100% of iron and steel products be produced in the U.S.

• Includes melting, bending, forming, coating, and fabrication

Applies to: Water treatment plants, sewer projects, pump stations funded by EPA

DFARS – Defense Federal Acquisition Regulation Supplement

For defense contracts, DFARS 252.225-7001 and related clauses control sourcing.

Key Requirements:

• Materials must come from the U.S. or "qualifying countries" (e.g., Canada, UK, Australia, etc.)

• Special restrictions apply to:

  • Specialty metals

  • Fasteners

  • Structural steel

• Requires detailed traceability and compliance documentation

Applies to: Any procurement by the Department of Defense (DoD) — including military bases, naval yards, and weapons systems

Quick Comparison Table

What This Means for Contractors and Engineers

If you’re involved in municipal, defense, or federal infrastructure projects, sourcing the wrong material could mean compliance violations, project delays, or lost contracts.

You should always:

• Ask for certifications: DFARS, BABA, AIS, etc.

• Get MTRs and origin documentation

• Know your project’s funding source

• Request waivers if domestic materials are unavailable

Hayward Pipe Can Help

At Hayward Pipe & Supply Co., we stock and source pipe, valves, and fittings that meet:

• DFARS & Buy American Act (BAA)

• BABA and Buy America compliance

• AIS for water and wastewater

• Full traceability with certifications, MTRs, and domestic documentation