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
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
WHAT: The U.S. Department of Transportation’s Federal Highway Administration (FHWA) announced a Notice of Proposed Rulemaking (NPRM) which would end the long-standing general waiver of Buy America requirements for...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
In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China's Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor...more
The Office of Management and Budget (OMB) recently released guidance for the Build America, Buy America Act (BABA), which was enacted in November 2021 as part of the Infrastructure Investment and Jobs Act (IIJA)....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
The White House issued final guidance this week governing the procurement preferences required by the Build America, Buy America Act, or BABA, for infrastructure projects. In addition to providing definitions for key terms...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
Last month, I offered the first in a series of blog posts that attempt to simplify the various laws that are often described as a single law: “Buy America,” “Buy American,” “Made in the USA,” “Made in America,” and “Build...more
This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises...more
On May 12, 2023, the Department of the Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) issued Notice 2023-38 (the “Notice”), providing guidance on the rules taxpayers must satisfy to qualify for the...more
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
Comments On The Proposal Must Be Filed By March 13, 2023 - Two days after President Biden’s State of the Union address announced that there would be “new standards to require all construction materials used in Federal...more
2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain security. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies...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
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
Passing the historic $1 trillion Infrastructure Investment and Jobs Act (IIJA) in November 2021, which allocates more than $550 billion in new infrastructure spending, was an early priority of the Biden administration. The...more
Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued a final rule tightening the Buy American Act preference for domestic products and construction materials. The final rule makes only limited...more
Regardless of whether they were eagerly anticipated or begrudgingly unavoidable, the changes promised to the Buy American Act (BAA) early last year have at last arrived, or at least are quickly approaching. On March 4, 2022,...more
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
The Biden Administration continues to advance its Made in America policy priorities through amendments to the Federal Acquisition Regulation (FAR) implementing the Buy American Act (BAA). The latest such amendment, a final...more
On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more
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
WHAT: As previewed in our prior alert, the Federal Acquisition Regulatory (FAR) Council on March 7, 2022 issued a final rule aimed at strengthening Buy American rules applicable to federal procurement. The final rule, which...more
Over a year after the Biden Administration issued Executive Order 14005 on “Ensuring the Future is Made in America by All of America’s Workers,” (discussed previously here) the Federal Acquisition Regulatory Council (“FAR...more