The Buy American Act was founded in 1933 to keep jobs in America. Studies have shown the pros and cons of The B.A.A. Advantages seem to be harder to find due too legal waivers, and pages of documents. One advantage found is it is supposed to decrease government spending. When this happens, our economy grows. It also helps assist smaller business grow. Manufacturing increases in America because the Buy American Act ensures that The Department of Transportation use products made only in The United States.
However, it does not apply to American products made or procured outside of the country’s borders. The president can also waive any applicable law pertaining to this act. Anything under 3,000 dollars isn’t applicable either. This gives contractors a smaller list of acceptable products. All of these things prove to be major disadvantages. Yet contractors believe in making the country stronger, and continue to build. Coal mining companies are a prime example. They are a prime example. Most products built for the mines come from the states. Very little material comes from overseas. What is imported from another country is necessary.
There are several types of officers that handle how the law is enforced. Much like any branch of business or the government each officer is given different duties. The Buy American team implements the use of the act by making sure everyone understands the details. Project officers are used to assist the award recipients spend the appropriated money wisely. Contracting officer technical representatives (COTR) have limited authority, and have to follow the manual that has been laid out for them. Ordering Officers have fixed amounts they have to follow, and cannot negotiate anything. While as the project manager has to agree to award agreements and therefore actually enforce action. Each officer has a beneficial job. One officer is in control of everything, while the others have very limited authority. The COTR and Ordering officers have similar duties, but vary in their individual duties. Delegation of responsibilities keeps the act flowing the way it should.
Contract offers begin as bids. There are four types of offers. Type A, B, C, and d, each one has a different value that is governed by the act. According to the statutes each offer has to meet certain criteria. If the materials come from out of the country it has to follow what is laid out in the BAA under foreign construction material clause. It is very important to realize everything can’t be built in America. The government has to take on the responsibility of choosing which offer is in the best interest of the public.
- Luckey, John R (April 25, 2012) retrieved from http://www.fas.org/sgp/crs/misc/R42501.pdf
- Berry, Scott (2013) retrieved from http://www.agc.org/cs/buy_american_act Required Contract Clauses (48 CFR 52.225-21 and 52.225-22 Retrieved from portal.ncdenr.org/c/document_library/get_file?uuid=d89c