Feds Question Usefulness of Buy American Paperwork Burden
Published Date: 12/11/2025
Notice
Summary
The government wants to keep collecting info about Buy American rules, trade deals, and duty-free imports for three more years. This affects businesses that sell to the government and helps make sure buying is fair and follows the rules. You can share your thoughts by February 9, 2026, so they can keep things running smoothly without extra hassle or cost.
Analyzed Economic Effects
5 provisions identified: 0 benefits, 5 costs, 0 mixed.
Government Contractors Must Keep Reporting
If you sell goods or services to the federal government, you must keep submitting the Buy American, Trade Agreements, and Duty-Free Entry information required by the Federal Acquisition Regulation. The agencies are asking OMB to extend approval for this collection for three more years beyond the current expiration date of February 28, 2026.
Must Report Domestic Content (55% Threshold)
Offerors must identify supplies that do not meet the definition of a domestic end product and state whether those supplies exceed 55% domestic content. Offerors must also identify domestic end products that contain a critical component when responding to FAR 52.225-2 and FAR 52.225-4.
Construction Contractors Must Justify Foreign Materials
For federal construction contracts, if you request to use foreign construction materials because domestic materials are unreasonably costly, you must provide information to let the contracting officer evaluate the request under Buy American rules (see FAR 52.225-9 through 52.225-12 and related clauses).
Duty-Free Entry Notices and Shipping Details
When you purchase foreign supplies for government contracts, you must notify the contracting officer, estimate the amount of duty, and state the country of origin. Shipping documents and containers must also include specified information to assure duty-free entry under FAR 52.225-8.
Paperwork Burden and Comment Deadline
The agencies report annual burden for this collection as 9,279 respondents, 34,535 total annual responses, and 29,138 total burden hours. OMB approval runs through February 28, 2026, and the agencies will consider comments received by February 9, 2026; they propose extending approval for three additional years.
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