News & Analysis as of

Department of Defense (DOD) Buy American Act

Morrison & Foerster LLP - Government...

DFARS Realigns With FAR Buy American Requirements

For the second time in as many years, the Department of Defense (DOD) has issued a final rule that brings its Buy American Act (BAA) requirements into alignment with the Federal Acquisition Regulation (FAR). The final rule...more

Bradley Arant Boult Cummings LLP

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Pillsbury Winthrop Shaw Pittman LLP

Sweden’s NATO Membership Is Official! Significant Business Opportunities Now Available to Swedish Companies

Sweden’s accession to NATO provides not only increased political stability in Northern Europe, but also presents significant opportunities to Swedish companies. On March 7, 2024, after a nearly two-year delay, Sweden...more

Schwabe, Williamson & Wyatt PC

Buy American Act Requirements Updates: Changes to Department of Defense Unique ‎Requirements

On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more

Maynard Nexsen

DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts

Maynard Nexsen on

On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rule Increases Buy American Act Content Thresholds for DoD Contracts

The Department of Defense has proposed an amendment to the Defense Federal Acquisition Regulation Supplement to align with the Federal Acquisition Regulatory Council’s update to the Federal Acquisition Regulation in 2022. ...more

Schwabe, Williamson & Wyatt PC

DOD Proposes Further FAR Regulations ‎

On January 25, 2021, President Biden issued Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the...more

Blank Rome LLP

Are You Ready for Increasing Buy American Act Content Requirements?

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Effective October 25, 2022, the domestic content requirements for government purchases subject to the Buy American Act (“BAA”) will increase. A March 7, 2022, final rule implemented significant domestic content threshold...more

Wiley Rein LLP

Department of Defense Issues Interim Rule Requiring Disclosure of Chinese Workforce and Facilities

Wiley Rein LLP on

WHAT: The Department of Defense (DoD) issued an interim rule requiring certain Defense contractors and subcontractors to disclose the use of workers and facilities in People’s Republic of China (PRC)....more

Morrison & Foerster LLP - Government...

Chasing The Far: DOD’s Buy American Act Final Rule

Recently, the Department of Defense (DOD) issued a final rule that immediately implements President Trump’s Executive Order (E.O.) 13881 to maximize the government’s procurement of American-made goods, products, and materials...more

Holland & Knight LLP

Biden Administration Finalizes Important Changes to the Buy American Rule

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The U.S. Department of Defense, General Services Administration and NASA, on March 7, 2022, published a final rule revising the Buy American Act (BAA) requirements applicable to federal procurements. The final rule is the...more

King & Spalding

Biden Administration Issues Updated Federal Acquisition Regulation Buy American Act Requirements

King & Spalding on

October 25, 2022 Effective Date Provides A “Grace Period” To Affected Industries To Come Into Compliance With Stricter Non-Iron/Non-Steel Domestic Content Standards In Federal Procurement - On March 7, 2022, the Department...more

PilieroMazza PLLC

DOD Class Deviation Imposes New Requirements for Nonavailability Waiver Determinations Under the Buy American Statute

PilieroMazza PLLC on

The Department of Defense (DOD) recently published a class deviation that builds on directives to promote an accountable and transparent procurement policy while maximizing Government use of goods, products, and materials...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – September 2021 #2

PilieroMazza PLLC on

LABOR & EMPLOYMENT - New Vaccine Mandate Guidance Issued for Federal Contractors: 5 Things You Need to Know - On September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued much-anticipated guidance...more

PilieroMazza PLLC

DOD Proposes to Amend DFARS to Implement Trump-Era Buy American Act Executive Order

PilieroMazza PLLC on

The Department of Defense (DOD) issued a proposed rule on August 30, 2021, that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to align the Buy American Act (BAA) domestic content requirements in...more

McCarter & English Blog: Government Contracts...

Enhanced Buy American Requirements Coming Soon; Proposed Rule Foretells Big Changes

A major pillar of President Biden’s campaign was strengthening the Buy American requirements in procurement law, promising both before and after the election that “[n]o government contracts will be given to companies that...more

Hogan Lovells

Proposed rule seeks to significantly strengthen U.S. Government “Buy American” requirements

Hogan Lovells on

On 30 July 2021, the FAR Council published a proposed rule to significantly strengthen “Buy American” requirements applicable to goods sold to the U.S. Government. The proposed rule promotes the procurement of goods,...more

McCarter & English Blog: Government Contracts...

Prevention v. Cure: Supply Chain Hygiene Is The Key To Defending Enforcement

As COVID-19 antibodies begin flooding the immune systems of most Americans, it is important to remember the important role that hygiene has played over the past fifteen months. For many, the risks and dangers of the pandemic...more

King & Spalding

Biden Administration Issues 100-Day Supply Chain Report

King & Spalding on

Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging - On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more

Saul Ewing LLP

Changes To Buy American Policies

Saul Ewing LLP on

Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services...more

ArentFox Schiff

Re-Thinking Made in America Preferences: President Biden Signs 'Made in America' Executive Order

ArentFox Schiff on

Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility - President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more

Vinson & Elkins LLP

Biden Administration Signals Enforcement Of “Made In America” Laws Is A Top Priority

Vinson & Elkins LLP on

On January 25, 2021, President Biden issued an Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (the “Order”). The Order aims to promote and enhance the enforcement of...more

Miles & Stockbridge P.C.

President Biden Signs Executive Order to Strengthen Buy American Act Provisions

On January 25, 2021, President Biden issued an Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers. The order is part of his “Build Back Better Recovery Plan” to strengthen American...more

Holland & Knight LLP

Buy American Revisions Adopted for Domestic Content and Price Evaluation Preference Percentages

Holland & Knight LLP on

The U.S. Department of Defense (DoD), U.S. General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule, which generally adopts the Trump Administration's July 2019...more

Bradley Arant Boult Cummings LLP

Significant Buy American Changes Are Coming Soon

The Federal Acquisition Regulation Council recently released a proposed rule to implement the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order, which was signed by President...more

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