DHS FY 2020 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 2020, DHS executed 766 contract actions valued at $845,634,203.58 using the domestic nonavailability waivers under the BAA. This figure represents approximately 16.8 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) for i) miscellaneous aircraft accessories and components; ii) airframe structural components; iii) torque converters and speed changers; and iv) 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, to preserve product warranty. While the USCG often asks OEMs to release their proprietary data rights, many have chosen not to do so. As such, USCG has limited choices when sourcing components and spare parts. The preponderance of the dollar value is attributed to FEMA’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. Most of the PPE was acquired for distribution to other agencies, including the U.S. Department of Health and Human Services and State, Local, and Tribal governments.