News & Analysis as of

Trade Agreements Act

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.” While this Order makes no substantive legal changes and, for now, appears to be more bark...more

Russia Concerns Negatively Impact GSA Schedule Contractors

There is no shortage of news these days involving Russia. You would think that U.S. government contracting would be immune from these considerations. You’d be wrong. That’s because on July 11 2017, the Government removed...more

Alert: New Executive Order Promotes Federal Procurement of US-Origin Products

by Cooley LLP on

On April 18, 2017, the president issued an executive order announcing a policy of maximizing the federal government's procurement of goods, products and materials produced in the United States, as well as "rigorously"...more

Buy American Executive Order

On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American laws and regulations. See Buy American EO. This EO directs federal government entities to review their procurement rules...more

Buy American Executive Order Means Renewed Obligations for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer...more

Administration Issues Executive Order Providing Framework for its Domestic Buying and Hiring Preferences for Federal Procurement...

by Holland & Knight LLP on

"My Administration will follow two simple rules: Buy American, and hire American.” - President Donald J. Trump. - Fulfilling a prominent campaign promise, today President Trump signed an Executive Order (EO) detailing...more

CIT rules on Made in USA claim

by Kelley Drye & Warren LLP on

A recent ruling by the U.S. Court of International Trade (CIT) has important implications for importers and manufacturers making “Made in USA” claims for products assembled from imported components. While the case concerned...more

CIT Adds New Requirements for ‘Assembled in USA’ Claims Analysis

by Kelley Drye & Warren LLP on

A recent ruling the by the U.S. Court of International Trade (CIT) has important implications for importers, government contractors, and manufacturers that make qualified origin claims when marketing products. In a case...more

Substantial Transformation of IT Products Under the TAA Requires Careful Consideration

by Davis Wright Tremaine LLP on

The Trade Agreement Act (“TAA”) utilizes a “substantial transformation” test in determining the country of origin of an end product composed of various parts from various countries. Substantial transformation is assessed and...more

New Administration May Change Landscape of U.S. Trade and Export Policy (IRB No. 560)

by Bryan Cave on

Although it is impossible to tell whether the new Trump administration will follow through on its campaign promises to alter the landscape of U.S. trade with foreign countries, businesses should realize that the new...more

[Webinar] A Tough Act to Follow: How to Comply with the Complex Trade Agreement Act - October 5th, 12:00pm CST

by Thompson Coburn LLP on

The Trade Agreements Act, the related Federal Acquisition Regulation clause, and the requirements they place on Government contractors create a complex area of Government procurement, and recently the Government has placed a...more

Court of Federal Claims Rules Contracting Officer’s Failure to Exercise Independent Business Judgment Renders Partial Termination...

by Pepper Hamilton LLP on

Securiforce Int’l America, LLC v. United States, 125 Fed. Cl. 749 (March 21, 2016) - Plaintiff Securiforce International America, LLC (“Securiforce”) was awarded a contract by the Defense Logistics Agency Energy (“DLA...more

Opportunities for Increased Drug Sales to the VA

by Foley & Lardner LLP on

Pharmaceutical manufacturers that produce drugs in non-designated countries under the Trade Agreements Act (TAA) may now have an opportunity to increase their sales to the United States government. The Department of Veterans...more

GSA Issues Notice Concerning Trade Agreements Act and “Made in America” Compliance

On May 5, 2016—without advance warning—thousands of U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) contract holders received a notice requiring them to verify—within one week—the country of origin...more

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

by Clark Hill PLC on

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

Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs

by Reed Smith on

In a significant policy reversal, the Department of Veterans Affairs (VA) has announced that it will require all covered drugs under the Veterans Health Care Act (VHCA) to be offered on Federal Supply Schedule (FSS)...more

Trade Agreements Act Updates for 2016 – New Year, Lower Thresholds

Every two years, the U.S. Trade Representative updates the dollar values at which certain international trade agreements apply to certain types of U.S. government contracts. This means that certain contracts over the dollar...more

The Trade Agreements Act: An Unknown Compliance Issue for Small Businesses

by PilieroMazza PLLC on

Small businesses often enter into government contracts unaware of all the laws and regulations that may apply when selling to the government. One of the laws that is often overlooked is the Trade Agreement Act (TAA). ...more

Trade Agreements Act Compliance Activity Increasing at VA

by Morgan Lewis on

Companies should include internal TAA compliance reviews in their overall manufacturing compliance programs. Every manufacturer of medical devices and pharmaceuticals that offers a product for sale to the federal...more

Blog: The Trade Agreements Act and Sales of Medical Devices to the U.S. Government

by Cooley LLP on

Does your company sell medical devices to the U.S. Government, either directly or through a reseller or distributor? Are those devices or supplies manufactured at least partly in a country other than the U.S.? ...more

Medtronic Settles Federal Lawsuit for $4.41 Million

by Knobbe Martens on

On April 2, 2015, the United States Department of Justice announced that Medtronic, a medical device manufacturer based in Ireland, reached a settlement agreement with the United States government for $4.41 million over...more

Medical Device Companies Face Severe FCA Penalties for TAA Violations

by Reed Smith on

A spate of recent multi-million dollar settlements has shown that medical device manufacturers are subject to substantial liability under the False Claims Act (FCA) if they misstate the country of origin of their products in...more

Certifications Under the Trade Agreements Act: 10 Tips to Avoid TAA Traps for the Unwary

by Latham & Watkins LLP on

On September 3, 2014, U.K.-based medical device maker Smith & Nephew (the ‘‘Company’’) agreed to pay $8.3 million (plus an additional $3 million in attorney’s fees) to resolve a lawsuit filed under the federal civil False...more

Recent False Claims Act Decision Provides Important Guidance To Manufacturers And Resellers About Trade Agreements Act Compliance

by King & Spalding on

The United States Court of Appeals for the District of Columbia Circuit recently upheld a District Court's dismissal of a False Claims Act (FCA) complaint against a federal government contractor in a case that will be of...more

DC Circuit Ruling Confirms Reasonableness Of Resellers Relying On TAA Certifications From Suppliers

The U.S. Court of Appeals for the District of Columbia Circuit has issued a ruling bringing to an end the long-running False Claims Act (“FCA”) case filed by relator Brady Folliard and providing useful guidance to resellers...more

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