U.S. Government Compliance for Door Hardware: What You Need to Know

U.S federal government projects have product compliance requirements tied to different congressional acts. The requirement will be stated by the government, A/E firm, and GC when bidding a project; however given multiple different acts, it can be confusing.

Before you bid the project, check the compliance requirement and consult the manufacturers of the products you’re bidding to see if those products comply. If products don’t comply, either look for something that does or consult the GC about seeking a compliance waiver from the government agency to bid non-compliant product (There are a number of factors that may allow the government contracting officer to grant a waiver or exemption pending the Act)

Government product compliance isn’t just paperwork. It’s a legal requirement. It affects manufacturers, contractors, architects, and facility managers working on federal jobs.

If you sell or install door hardware, you need to know the rules. Most federal projects follow strict standards. These include the Buy American Act (BAA), the Trade Agreements Act (TAA), and the Build America Buy America Act (BABAA).

Each act has different rules. Some allow foreign parts. Some don’t. Some apply to construction. Others apply to repairs or upgrades.

This blog breaks down what each act means, how it affects door hardware, and what you need to do to stay compliant.

What Is COTS and Why It Matters in Compliance

COTS stands for Commercial Off-The-Shelf. These are defined as products that are sold commercially in substantial quantities and are offered to the government in the same form as they are sold to the public.  

Door hardware is a COTS product. It’s sold in stores and used in many buildings in the same form as what would be provided for government use. For example, an exit device used at a school district or a hospital is exactly the same as what would be used on a government building door.   No modifications are made special to the government door application.

This matters because COTS items trigger exemptions under certain federal laws. For example, the Buy American Act (BAA) has a COTS exemption.

If a product is COTS and not made mostly of iron or steel, the U.S. sourced percentages for raw materials, parts, and components are less.

The Trade Agreements Act (TAA) also allows COTS products if they’re made or significantly transformed in approved countries.

Buy American Act (BAA): Supporting U.S. Manufacturing

The Buy American Act (BAA) was passed in 1933. It encourages via statutory regulations, federal agencies to buy U.S.-made goods.

If your project is funded by the federal government, BAA likely applies. This includes most construction jobs.

To meet BAA rules, a product must be made or significantly transformed in the U.S. according to the raw materials, parts, components, and labor elements of the Act.

Substantial transformation means the product changes enough to become an entirely new product

If your product is Commercial Off-The-Shelf (COTS) and not made mostly of iron or steel, BAA allows for exemptions to the materials sourcing origin.

Here’s what you need to know:

• BAA applies to most federal construction projects.
• COTS products are exempt from full U.S. content rules if they’re not over 95% iron or steel.
• If your product is over 95% iron or steel, it must use U.S.-made iron or steel.
• Substantial transformation in the U.S. can qualify a product as American-made.
• This means foreign parts are allowed if they’re ,deemed significantly transformed enough at a U.S. location with U.S workers.
• Door hardware often qualifies due to U.S. assembly.

For full legal details, see section 52-225 of the FAR (1 through 26)

Trade Agreements Act (TAA): Global Sourcing with Limits

The Trade Agreements Act (TAA) was passed in 1979. It allows the U.S. government to buy goods from approved countries listed as a member of the World Trade Organization.

TAA supports fair trade. It also gives contractors more sourcing options than the Buy American Act.

To be TAA compliant, a product must meet one of two conditions:

• Be made in the United States
• Be made or substantially transformed in a TAA-designated country

Here’s why TAA matters:

• TAA is required for GSA contracts and federal retrofit or aftermarket purchases.
• TAA is allowed on many construction projects when the contract value is high.
• Products from China, are not allowed under TAA ( See World Trade Organization (WTO) list for full list of countries not qualifying)

Examples of TAA-compliant countries include:

• Canada, Mexico, Japan, South Korea
• Most European Union countries
• Australia, New Zealand, Israel, Taiwan

For a full list, visit the GSA’s TAA Designated Country List.

Door hardware often qualifies under TAA due to manufacturing or transformation in approved countries.

If you sell through a GSA Schedule, your products must meet TAA requirements. Non-compliance can lead to fines or contract loss.

Build America Buy America Act (BABAA): The Toughest Standard Yet

The Build America Buy America Act (BABAA) became law in 2021. It’s part of the Infrastructure Investment and Jobs Act (IIJA).

BABAA sets strict rules for products used in federally funded infrastructure projects. It’s tougher than BAA or TAA.

Here’s what makes BABAA different:

• No COTS exemption. Even off-the-shelf items must meet full U.S. origin rules.
• Raw materials, parts, and components must be made in the U.S.
• Iron and steel must be melted, poured, and finished in the U.S.
• Manufactured products must have over 55% U.S. content by cost.
• Construction materials must be fully processed in the U.S., including coatings and finishes.

BABAA applies to:

• Any project funded by the IIJA (with few exceptions)
• Many other federal infrastructure projects
• Roads, bridges, water systems, broadband, energy, and more

Waivers are difficult, but can be obtained if the following applies:

• U.S. products aren’t available
• Costs are too high (over 25% more)
• It’s in the public interest

Door hardware usually doesn’t meet BABAA. Most products use foreign parts or materials.

If your project is BABAA-funded, check every component. You’ll need proof of U.S. origin for each part.

For full guidance, see the OMB’s Final Rule on BABAA.

How to Check Compliance for Your Project

Before you buy or build, check your project’s requirements. Federal jobs often include BAA, TAA, or BABAA clauses. There are other compliances as well ( ex: FTA BAA, American Iron and Steel Act)

Here’s a quick way to check:

• In construction/renovation projects, ask the GC to provide the FAR language
• Find out how the project is funded. Federal money triggers compliance rules.
• Read the contract. Look for mentions of BAA, TAA, or BABAA.
• Check the product’s origin. Where was it made or transformed?
• Ask the manufacturer. They should provide compliance documents.
• Use a checklist. It helps track which rules apply.

If you’re unsure, talk to a compliance expert. Mistakes can cost you the job and/or a lot of money paying fines and replacing non-compliant products on the jobsite.

For a full list of rules, visit https://www.acquisition.gov/.

Stay Compliant, Stay Competitive

Don’t wait until it’s too late. Check your compliance before bidding or buying.

Here’s how to stay ahead:

• Review your product’s origin and materials.
• Know your project’s funding source.
• Understand BAA, TAA, and BABAA rules.
• Use a checklist to stay organized.
• Ask for help if you’re unsure.

PDQ offers BAA and TAA-compliant door hardware and support for federal projects. Visit https://www.pdqlocks.com/federal-government to learn more.

Need help? Contact our team to get started.