Domestic Preference or Domestic Confusion? Made in America Laws in Government Contracting

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With the signing of the 2021 Infrastructure Investment and Jobs Act, which includes the Build America, Buy America Act (BABA), the Biden administration reiterated a long-standing policy trend of “Made in America” laws. These regulations aim to prioritize and promote the production of goods within U.S. borders to foster national economic growth. The Buy American Act of 1933 (BAA) and Trade Agreements Act of 1979 (TAA) are the most widely recognized of the laws but are not the only domestic preference requirements.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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