News & Analysis as of

Trade Agreements Act

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more

Braumiller Law Group, PLLC

Tariffs and Trade

“Those who cannot remember the past are condemned to repeat it.” - George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - November 2023 - OMB Issues Final Rule for Infrastructure Buy America Preferences

The Office of Management and Budget (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify...more

Fox Rothschild LLP

Highlights from our Fourth Annual Federal Contracts Symposium

Fox Rothschild LLP on

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

Sheppard Mullin Richter & Hampton LLP

Top 10 Takeaways from OMB’s “Build America, Buy America” Guidance for Infrastructure Projects

On August 23, 2023, the White House’s Office of Management and Budget (“OMB”) issued its notification of final guidance implementing Title IX of the Infrastructure Investment and Jobs Act (“IIJA”) – the Build America, Buy...more

Fox Rothschild LLP

Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA)...

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Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White House, the...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2023- Compliance Issues in Government “Buy America” Solicitations

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

Seyfarth Shaw LLP

“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

Seyfarth Shaw LLP on

On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Buy American – Treatment of Preferences in the Federal Acquisition Regulations

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Low Embodied Carbon Material Requirements: General Services Administration Interim Inflation Reduction Act Pilot Project

The United States General Services Administration (“GSA”) announced pilot interim requirements for the use of low embodied carbon construction materials in GSA projects funded by the Inflation Reduction Rate (“IRA”) of 2022. ...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 3 - July 11th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 2 - June 13th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 1 - May 9th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Harris Beach PLLC

OIG Enforcement Summary: August 16, 2022 – August 31, 2022

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The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are...more

Stinson LLP

Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

Stinson LLP on

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

Hogan Lovells

Buy American final rule: March 7 amendment

Hogan Lovells on

On 7 March 2022, the Federal Acquisition Regulation (FAR) Council published a final rule amending the FAR to implement a January 2021 Executive Order (EO), EO 14005, aimed to strengthen domestic preferences in Government...more

King & Spalding

Infrastructure Investment and Jobs Act: Key Provisions and Considerations for Project Participants

King & Spalding on

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (“Infrastructure Act”), which provides for $550 billion in new federal spending on infrastructure in the United States over a...more

Maynard Nexsen

Proposed Buy American Act Amendments – Public Comment Period Ends September 28, 2021

Maynard Nexsen on

A Proposed Rule amending the Buy American Act (“BAA”) of the Federal Acquisition Regulations (“FAR”), designed to benefit U.S. manufacturers, proposes to immediately increase the threshold needed to be considered a “domestic...more

McCarter & English Blog: Government Contracts...

Enhanced Buy American Requirements Coming Soon; Proposed Rule Foretells Big Changes

A major pillar of President Biden’s campaign was strengthening the Buy American requirements in procurement law, promising both before and after the election that “[n]o government contracts will be given to companies that...more

Bass, Berry & Sims PLC

Buy American Baby Steps: FAR Council Publishes Proposed Rule Implementing Part of President Biden’s Executive Order

Bass, Berry & Sims PLC on

The FAR Council recently published its proposed rule to implement a part of President Biden’s January 28, 2021 Executive Order No. 14005 (EO 14005), which dictated certain revisions to the Buy American Act (BAA) regulations....more

Sheppard Mullin Richter & Hampton LLP

Fasten Your Seatbelts – Proposed Rule Implementing Biden’s “Buy American” Mandates

Change is in the air for the Buy American Act (“BAA”). On July 30, 2021, the Federal Acquisition Regulatory Council published a proposed rule to the Federal Acquisition Regulation (“FAR”) to implement President Biden’s...more

Husch Blackwell LLP

Proposed FAR Amendments To Buy American Act Increases Competition For Federal Contracts And The Supply Chain

Husch Blackwell LLP on

A proposed amendment to the Federal Acquisition Regulations (“FAR”) published on July 30, 2021 will “strengthen the impact of the Buy American Act” (“BAA”) over the next eight years, according to the Federal Register notice....more

Pillsbury - Global Trade & Sanctions Law

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

McCarter & English Blog: Government Contracts...

Prevention v. Cure: Supply Chain Hygiene Is The Key To Defending Enforcement

As COVID-19 antibodies begin flooding the immune systems of most Americans, it is important to remember the important role that hygiene has played over the past fifteen months. For many, the risks and dangers of the pandemic...more

Snell & Wilmer

President Biden’s “Buy American Order” Is Likely to Make It More Difficult for Foreign Companies to Supply Their Products to...

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The United States Government is the world’s biggest single buyer, spending approximately $600 billion a year on purchases. Since 1933, with the passage of the Buy American Act, the federal government has, with varied degrees...more

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