Made in America, and You Have to Prove It: The Buy American Act and Domestic Content

Published 2026 | TIKC NewsWire

Domestic sourcing has moved from a compliance footnote to a front-page priority in federal procurement, and the rules behind it have teeth. The Buy American Act favors American-made products when the government buys, and the domestic content thresholds that define American-made have been rising. For contractors that supply products, the message is simple and serious: know where your goods and their components come from, because when you certify Buy American compliance, you are making a representation the government is increasingly willing to enforce.

What the Buy American Act does

The Buy American Act (not to be confused with the separate Trade Agreements Act) creates a preference for domestic end products in federal acquisitions. To count as domestic, a product generally must be manufactured in the United States, and a required percentage of the cost of its components must also be domestic. That domestic content threshold has been increasing under recent policy, meaning more American content is required over time for a product to qualify. There are exceptions and waivers, but the default rule favors domestic goods.

Why this is a certification risk, not just a sourcing rule

Here is the part that turns a supply-chain issue into a legal one. When you offer a product as domestic, you certify it. If that certification is false, whether because the item was actually made abroad, or because its domestic component content falls short of the threshold, you have made a false statement to win or perform a contract. That is precisely the kind of representation that supports a False Claims Act case, with treble damages, and it can also implicate the false statements statute. As domestic-sourcing enforcement has intensified, these certifications have drawn real scrutiny.

The component-tracing problem

Most contractors do not make every component themselves, and that is where compliance gets hard. Meeting a domestic content threshold requires you to know the origin and cost of the components inside your product, which means understanding your suppliers and, sometimes, their suppliers. A firm that simply assumes its products qualify, or takes a supplier’s word without verification, can certify falsely without any intent to deceive. Under the enforcement statutes, reckless disregard for the truth is enough, so guessing is not a safe strategy.

Related rules to keep straight

Domestic-sourcing requirements travel in a family, and mixing them up causes errors. The Buy American Act is a price-preference rule for domestic end products. The Trade Agreements Act restricts acquisition to products from the United States or designated countries on larger procurements. The Berry Amendment imposes strict domestic-sourcing requirements on certain defense items like textiles and clothing. Each has its own scope and thresholds. Applying the wrong one, or ignoring which applies to your contract, is a common path to a false certification.

What to do now

• Identify which rule applies. Determine whether the Buy American Act, the Trade Agreements Act, or the Berry Amendment governs your contract.
• Trace your components. Know the origin and cost of the components in your products, not just the final assembly point.
• Watch the rising thresholds. Domestic content requirements have been increasing. Confirm your products still qualify under current rules.
• Verify supplier claims. Do not certify domestic content on a supplier’s unverified say-so. Reckless disregard is enough for liability.
• Document your basis. Keep the records that support every Buy American certification you make.

Domestic sourcing is an opportunity for American small businesses, but only when the certification is true. Know your supply chain, certify what you can prove, and the preference works for you. Brick by brick.

FAQ

What is the Buy American Act?

A law creating a preference for domestic end products in federal acquisitions. To qualify as domestic, a product generally must be manufactured in the U.S. with a required percentage of domestic component cost.

How is it different from the Trade Agreements Act?

The Buy American Act is a price preference for domestic products. The Trade Agreements Act restricts larger procurements to products from the U.S. or designated countries. They are separate regimes with different thresholds.

Why is a false Buy American certification risky?

Certifying a product as domestic when it is not, or when it falls short of the content threshold, is a false representation that can support False Claims Act treble damages and false-statement liability.

What if I relied on my supplier?

Reliance without verification is not a safe defense. Reckless disregard for the truth can create liability, so verify component origin and cost rather than assuming.

Sources

Federal Acquisition Regulation. (2026). Part 25, Foreign Acquisition, Buy American Act requirements and domestic content thresholds.

U.S. Department of Justice. (2026). False Claims Act enforcement of domestic-sourcing certifications.

This article is general information, not legal advice.