DHS FY 2021 Annual Posting of Buy American Act Domestic Nonavailability Waiver Actions

In recognition of the importance of the Buy American Act (BAA) to the U.S. economy, and to promote and enhance awareness and public visibility, the Department of Homeland Security (DHS) publishes annually a list of procurement actions using the BAA domestic nonavailability waivers executed during the previous year. During Fiscal Year 2021, DHS executed 764 contract actions valued at $121,409,186.19 using the domestic nonavailability exception under the BAA. This figure represents approximately 2.79 percent (by dollar value) of the annual DHS procurement obligations for the fiscal year subject to compliance with the BAA. Most of these actions were awarded by the U.S. Coast Guard (USCG) i) miscellaneous aircraft accessories and components; ii) airframe structural components; iii) torque converters and speed changers; iv) diesel engine parts; and v) helicopter rotor blades, drive mechanisms, and components. To maintain and service aircrafts and various other assets, USCG must acquire parts from the original equipment manufacturers (OEMs), many of which are foreign. These items are considered “spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available,” and fall under the class nonavailability determination at FAR 25.103(b)(1) and 25.104(a). The preponderance of the dollar value is attributed to OPO’s COVID-19 response efforts specific to the acquisition of personal protective equipment (PPE). Like other Federal agencies and industry partners, DHS procurements of PPE were impacted by the global depletion of medical supplies. As such, it was necessary to obtain certain items from manufacturers outside of the United States or from manufacturers that are not compliant with the Trade Agreements Act. However, improvements in the supply chains for PPE has resulted in a significant decrease in the value of these actions from FY 2020 figures. For any questions about this posting, please contact: Shaundra Ford [email protected] DHS Office of the Chief Procurement Officer