News & Analysis as of

Trade Agreements Act Buy American Act

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

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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

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

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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

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

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

Husch Blackwell LLP

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

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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...

Snell & Wilmer on

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

White & Case LLP

President Biden Issues “Buy American” Executive Order, Following Last-Minute Changes by Trump Administration

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On January 25, President Biden signed an Executive Order that contemplates increasing the domestic content thresholds and price preferences for domestic goods under the Buy American Act ("BAA," 41 U.S.C. §§ 8301-8305).  The...more

Morrison & Foerster LLP - Government...

New Year, New Domestic Preference Restrictions: Trump Final Rule And Biden Executive Order

Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many...more

ArentFox Schiff

Re-Thinking Made in America Preferences: President Biden Signs 'Made in America' Executive Order

ArentFox Schiff on

Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility - President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more

Miles & Stockbridge P.C.

President Biden Signs Executive Order to Strengthen Buy American Act Provisions

On January 25, 2021, President Biden issued an Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers. The order is part of his “Build Back Better Recovery Plan” to strengthen American...more

McCarter & English Blog: Government Contracts...

Big Changes To Buy American—Biden Issues Broad Executive Order On The Future Of Domestic Purchasing In Federal Procurement

On January 25, 2021, President Biden issued a sweeping Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (Order), which is intended to be the first step toward fulfilling his...more

Blank Rome LLP

Proposed Rule Portends Increased Contractor BAA Obligations

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On September 14, 2020, the FAR Council published a proposed rule, Case 2019-016 “Maximizing Use of American-Made Goods, Products, and Materials,” 85 FR 56558, which proposes certain increased and new thresholds for...more

Husch Blackwell LLP

Federal Circuit Weighs In On Trade Agreements Act Compliance And The Meaning Of “Manufacture”

Husch Blackwell LLP on

Sorting through domestic preference requirements applicable to government contracts is no simple task. Different agencies like the DOD, FTA, FAA, FHWA, have their own rules applicable to certain programs. Exceptions from...more

Perkins Coie

Federal Circuit Decides Country of Origin Test for Drugs Under Trade Agreements Act

Perkins Coie on

What is a thing? On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit gave us a new answer to this old philosophical question. In the case of pharmaceuticals, the U.S. Department of Veterans Affairs (VA)...more

K&L Gates LLP

Pharma Ruling Broadens Gov't Drug Procurement Options

K&L Gates LLP on

A recent Federal Circuit court decision promises to significantly impact and broaden the scope of the types of foreign-produced pharmaceutical products companies can sell to the U.S. government. ...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

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