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DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Department of Energy Proposes to Revise its Acquisition Regulation

The DOE proposes to update and streamline its policies, procedures, provisions and clauses applicable to its contracts. The changes include revisions related to facility clearances, Agreements for Commercializing...more

Interim Rule Establishes New Supply Chain Diligence Requirements for Contractors

A new interim rule aimed at safeguarding the federal supply chain prohibits contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply...more

OMB Finalizes “Build America, Buy America” Domestic Content Guidance

The Build America, Buy America Act generally requires that non-federal government infrastructure projects that benefit from federal government funding impose requirements for the use of domestic iron and steel and...more

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...more

OMB Proposes Revisions to Guidance Supporting the Implementation of IIJA’s Build America, Buy America Act Provisions

Funding provided under the Infrastructure Investment and Jobs Act (IIJA) is conditioned on complying with domestic content requirements. The Office of Management and Budget (OMB) has proposed new regulations to implement...more

Final Rule Increases Compliance Obligations Under the Buy American Act

The FAR Council’s final rule makes changes to the Federal Acquisition Regulation that will materialize over the next decade. Contractors will have until October 25, 2022 to comply with a 60 percent domestic content...more

Biden Administration Proposes Significant Increases to Buy American Domestic Content Requirements – Takeaways for Contractors and...

On July 30, 2021, the Biden Administration published a Proposed Amendment to the Federal Acquisition Regulation (FAR) (Proposed Rule) that, among other things, would impose significantly increased U.S. content requirements...more

No Clear Answer to Address New Executive Order’s Effect on Recently Issued Buy American Regulations

President Biden issued a new Executive Order concerning Buy American regulations less than a week after the FAR Council finalized a rule that increased domestic content requirements. President Biden’s Executive Order...more

President Biden Issues Order on “Made in America Laws”

On January 25, 2021, President Biden issued Executive Order (E.O.) 14005 to implement the President’s domestic sourcing and manufacturing policy agenda by tightening federal procurement and contracting requirements and...more

Up-to-the-Moment Status of COVID-19 Guidance on Contract Performance Impacts

As government contractors scramble to tackle contract performance changes and disruptions proximately caused by COVID-19, guidance suggests that federal agencies may act equitably. Federal procurement agencies seem inclined...more

Scenarios Government Contractors May Face During the COVID-19 National Emergency

Government contractors face unique challenges while they perform federal contracts during the coronavirus (COVID-19) pandemic. Contractors should prepare for the factual scenarios they may encounter and consider the Federal...more

President Trump Invoked the Defense Production Act: What Are the Implications?

As a result of the COVID-19 pandemic, President Trump invoked his wartime authority under the Defense Production Act (the Act) to fulfill orders deemed necessary for national defense. The Act allows the federal government...more

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