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Customs and Border Protection Federal Acquisition Regulations (FAR)

Morrison & Foerster LLP - Government...

June 2024 Bid Protest Roundup

This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an...more

Braumiller Law Group, PLLC

Braumiller Law Group - June 2023 Newsletter

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2023 - That’s Not ‘Buy America’ Various Origin Requirements in the United States for...

You’ve probably heard about the many recent changes to the “Buy America” and procurement rules, starting with Executive Orders in the late 2010’s under then President Trump, several sessions of Congress, and modifications by...more

Morrison & Foerster LLP - Government...

Harmonia Holdings: Denied Pre-Award Protest Rises From The Dead Five Months Later As A Post-Award Protest

The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States, vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two...more

Torres Trade Law, PLLC

U.S. Government Takes A Hard Line to Stop Human Rights Abuses With Clear Signals to Industry

Torres Trade Law, PLLC on

View PDF Version of Article In recent years, the U.S. Government (“USG”) has taken numerous actions to target forced labor and other human rights violations, with a significant increase in 2020 and early 2021. These include...more

Fox Rothschild LLP

What Companies Should Know About Modern Slavery

Fox Rothschild LLP on

Companies are increasingly focusing on the environmental, social and governance (ESG) aspects of their businesses. In 2019, 90% of the S&P 500 index companies published sustainability reports. In contrast, in 2011, only 20%...more

Dechert LLP

Corporate America can be a Powerful Force for Good to Root out Modern-Day Slavery

Dechert LLP on

Key Takeaways - Slave, forced, and child labor is a modern-day reality impacting some 40 million people throughout the world, by some estimates. Such practices are—and have always been—repugnant, and certainly have no place...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Changes the Game for Selling Single-API Drugs to the Government

Selling drugs to the Government just got a lot simpler. In Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020), the Federal Circuit opened the Government door to all drugs “manufactured”—that is, measured,...more

Sheppard Mullin Richter & Hampton LLP

What Does it Mean to Manufacture? Federal Circuit’s Acetris Decision Fundamentally Alters Trade Agreements Act Compliance

On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020). In Acetris, the Federal Circuit was asked to...more

Morgan Lewis

Important Clarifications in the Federal Circuit Acetris Decision

Morgan Lewis on

In addition to standing behind the plain language of the definition of a “US-made end product,” the court in Acetris Health, LLC v. United States provided new guidance regarding limits on Customs and Border Protection...more

Vinson & Elkins LLP

Federal Circuit Clarifies Meaning Of “U.S.-Made End Product” Under FAR Trade Agreements Act Clause

Vinson & Elkins LLP on

Last week, the U.S. Court of Appeals for the Federal Circuit issued an opinion substantially clarifying how supplies delivered to the Government can qualify as “U.S.-made end products” under the contract clauses implementing...more

Pillsbury Winthrop Shaw Pittman LLP

Substantial Transformation of the FAR Trade Agreements Clause

The Court found the disqualification of an offeror from a pharmaceutical procurement was in error based on a U.S. Customs and Boarder Protection (CBP) interpretation of the Trade Agreements Act of 1979 (TAA)....more

Morrison & Foerster LLP - Government...

Trade Agreements Act Compliance: Federal Circuit Clarifies Country Of Origin And Place Of Manufacture Analyses

A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few. In Acetris...more

Blank Rome LLP

After Acetris Decision, Trade Agreements Act Compliance Questions Abound: Contractors Need Guidance

Blank Rome LLP on

The Federal Circuit’s recent decision in Acetris has left many contractors scratching their heads and asking questions. To recap, on February 10, 2020, the Federal Circuit held that, under the Federal Acquisition Regulation...more

Faegre Drinker Biddle & Reath LLP

Appellate Court Rules that the Government May Procure U.S. Manufactured Drug Products Despite Use of Foreign Active Pharmaceutical...

On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision clarifying the interpretation of the Trade Agreements Act (TAA) and the Federal Acquisition Regulations (FAR) with respect to...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Revolutionizes Country of Origin Analysis for Pharmaceuticals

The Federal Circuit Court of Appeals has just rejected the longstanding U.S. government position that the country of origin of pharmaceuticals in the context of U.S. government procurement is determined by where the active...more

Davis Wright Tremaine LLP

Bid Protests and Bridge Contracts – When Is the Sole Source Bridge Contract Justified by Urgent and Compelling Need?

Bid protests afford disappointed offerors the opportunity to challenge flawed procurements and award decisions that violate the rules. Bid protest procedures, at least in theory, are intended to further this purpose....more

Pillsbury Winthrop Shaw Pittman LLP

Government Contractor M&A Deals Beware

Recent Government Accountability Office (GAO) protest decision on standing holds key implications for government contract asset deals. GAO held that contractor who had sold relevant contract assets to another company...more

Blank Rome LLP

Trade Agreements Act Enforcement Loses a Couple More Teeth

Blank Rome LLP on

Two recent judicial decisions involving the Trade Agreements Act (“TAA”) build on a trend reflecting a more favorable enforcement climate for contractors grappling with domestic preference regimes. ...more

PilieroMazza PLLC

Court of Federal Claims Issues Wide-Reaching Decision on Trade Agreements Act

PilieroMazza PLLC on

On July 16, 2018, the U.S. Court of Federal Claims (“Court”) issued a decision in the bid protest of Acetris Health, LLC v. United States, Case No. 18-433C, that will likely have far-reaching implications on other...more

Cooley LLP

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

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

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