A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the...more
6/29/2023
/ Buy America ,
Country of Origin ,
Energy Projects ,
Federal Transit Administration ,
Inflation Reduction Act (IRA) ,
Made in the USA ,
Manufacturers ,
New Guidance ,
OEM ,
Qualified Energy Facilities ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
Coinciding nicely with the discussion of “Buy America” priorities at the February 7, 2023 State of the Union address, on February 9, 2023 the White House’s Office of Management and Budget (“OMB”) issued a proposed rule to...more
2/22/2023
/ Buy America ,
Code of Federal Regulations (CFR) ,
Comment Period ,
Country of Origin ,
Federal Grants ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
OMB ,
Proposed Regulation ,
Proposed Rules ,
Supply Chain ,
Title IX
For years, domestic content requirements have been a point of pain and frustration for government contractors. Historically, these regimes typically come in the form of the proverbial stick – that is, provide products and/or...more
2/2/2023
/ Buy America ,
Country of Origin ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Transit Administration ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Local Content Requirements ,
Manufacturers ,
Renewable Energy ,
Suppliers ,
Tax Credits ,
U.S. Treasury
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
On January 25, 2021, President Joe Biden signed an Executive Order on “Ensuring the Future is Made in All of America by All of America’s Workers,” laying his administration’s foundation for further strengthening Buy American...more
1/28/2021
/ Biden Administration ,
Buy America ,
Buy American Act ,
Domestic Transactions ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Made in the USA ,
Manufacturers ,
OMB ,
Public Procurement Policies ,
Regulatory Reform ,
Reporting Requirements ,
Suppliers ,
Trump Administration
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
2/27/2020
/ Country of Origin ,
Court of Federal Claims ,
Customs and Border Protection ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Free Trade Agreements ,
India ,
Jurisdiction ,
Machine-or-Transformation Test ,
Manufacturers ,
Pharmaceutical Industry ,
Regulatory Standards ,
Supply Contracts ,
Trade Agreements Act
Trade Agreements Act compliance changed fundamentally three years ago. Or, so we thought on December 7, 2016, when the U.S. Court of International Trade (“CIT”), the appellate body for country of origin determinations issued...more
11/26/2019
/ China ,
Court of International Trade ,
Customs and Border Protection ,
Federal Contractors ,
Importers ,
Imports ,
Manufacturers ,
Procurement Guidelines ,
Subsidiaries ,
Supply Chain ,
Trade Agreements Act
On May 2, 2019, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) finally released their Phase 2 Implementation Report (the “Phase 2 Report”) for “Procurement Through E-Commerce...more