Buy American Act

News & Analysis as of

"MADE IN AMERICA" : GSA Stepping Up Trade Agreements Act Compliance Enforcement

Government Contractors should be aware that the General Services Administration ("GSA") is taking a more aggressive approach to policing Contractor compliance with the Trade Agreements Act ("TAA") among GSA Schedule contract...more

Are Private Development Projects Covered by Prevailing Wage Laws?

When a governmental entity contracts with a general contractor to build a community center on government-owned land, the question of whether prevailing wages are required for workers on that project is easily answered. If...more

Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America...more

Schumer Alleges False “Made in America” Representations on GSA Website: False Claims Act Inquiry to Follow?

Sen. Charles Schumer recently alleged, in a letter to the General Services Administration (GSA), and in an associated press release, that the U.S.Government’s policy of purchasing American-made products is being thwarted by...more

Contractor to Pay $3 Million for Alleged Use of Noncompliant Materials

The recent case highlights the importance of complying with domestic preference requirements in government contracts. The US Department of Justice (DOJ) recently announced that Novum Structures LLC (Novum) will pay $3...more

Trade & Manufacturing - December 2015

President Obama Rejects Keystone Pipeline - On November 6, President Obama announced his decision to deny TransCanada’s application for approval to build the Keystone XL Pipeline. This decision comes over seven years...more

Trade & Manufacturing - News of Note - December 2015

The WTO Reaches 500 Requests for Dispute Settlement - The World Trade Organization (WTO) reached a milestone on November 10 when Pakistan filed the 500th request for trade consultation since the organization’s inception...more

Buy America Is Even More Complicated Than You Thought

As you already know, the "Buy America" Act (BAA), 41 U.S.C. §8303 and 48 C.F.R. §25.100-206, requires, in general, use of materials produced in the United States on federal construction projects. Failure to comply with this...more

Social Media Week Part IV – Telling a Story About Honey

I continue my exploration of the use of social media in doing compliance by taking a look at a very innovative social media solution to a difficult compliance issue around, of all things, honey. This example shows how...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

Update Regarding Buy America and Utility Relocations

As we have previously reported, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) recently adopted policies requiring Buy America compliance for utility relocations for federally funded...more

Energy Newsletter - June 2013

In This Issue: - TRANSACTIONAL: Corporate/London: - Shareholders' Agreements for LNG Midstream Projects - Upstream Developments – Latin America Foreign Exchange Controls in Venezuela Strangle...more

U.S. Government Joins FCA Suit Over Allegedly Falsely Certified Paper Shredders

The United States recently joined ongoing False Claims Act ("FCA") litigation that shows the potential for significant liability in government supply contracts. These contracts require the use of products made in the United...more

FHWA's Expanded Application of Buy America to Utility Relocations Causes Consternation, Delays

As we have previously reported, the Federal Highway Administration (FHWA) has issued guidance holding that "Buy America applies to any utility work that is accomplished as a result of a Federal-aid highway project", unless...more

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

"Buy American" Compliance Tips

1. There is no single “Buy American” requirement – there are numerous statutes with differing requirements. Make sure you know which one applies....more

Canada Seeks “Buy American” Concessions in Trans-Pacific

The 16th Round of Trans-Pacific Partnership (TPP) talks are ongoing in Singapore through March 13, 2013. Along with Mexico, Canada is one of the two newest parties to the negotiations that began in 2010 among Australia,...more

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