Buy American: What Government Contractors Need to Know
Biden Administration: The First 100 Days and Key Developments to Watch
The First 100 Days: Deciphering Key Provisions in the Buy American Act for Government Contractors
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
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
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
The Department of Justice ("DOJ") recently announced a $1.75 million false claims settlement with a contractor that "improperly obtained government contracts that were set-aside for small businesses." The DOJ settlement...more
We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-...more
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more
On August 14, 2023, the Office of Management and Budget (OMB) released final guidance on implementing the statutory requirements of the Build America, Buy America Act (BABA) provisions of the Infrastructure Investment and...more
Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s...more
This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. It also outlines the...more
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
WHAT: The period for submitting comments on the Federal Highway Administration’s (FHWA) review of its longstanding waiver of Buy America requirements for “manufactured products,” which was originally set to close on April 17,...more
For nearly a century, “Buy American” provisions and similar laws have mandated or otherwise instituted purchasing preferences for U.S. materials and products when using federally-appropriated funds. Recently, these...more
More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part...more
While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform...more
Approximately 15 months ago, on November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), commonly known as the Bipartisan Infrastructure Law. The IIJA is one of the Biden...more
Following President Biden’s State of the Union address highlighting increased enforcement of Buy America requirements for federally funded infrastructure projects and new standards for construction materials, the White House...more
On February 9, 2023, the Office of Management and Budget (OMB) issued a proposed rule that would subject all federally funded infrastructure projects to domestic preference requirements that are materially similar to the Buy...more
WHAT: Following the State of the Union, in which President Biden reiterated the Administration’s focus on made-in-America infrastructure, the Office of Management and Budget (OMB) issued proposed guidance aimed at...more
Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week. Beginning today, on October 25, 2022, the domestic content requirement for components in...more
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
The Biden-Harris administration’s amendments to the domestic preference requirements in Federal Acquisition Regulation Part 25 become effective on October 25. The new requirements will increase the domestic content threshold...more
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
Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more
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
Since his first days in office, President Biden implemented a “Made in America” procurement initiative to maximize the use of goods, products, and materials produced in, and services offered in, the United States. Biden’s...more