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Holland & Knight LLP

Capturing Industrial Base from the DoD

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With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is...more

Nossaman LLP

[Webinar] Buy America Implementation and Compliance (or How I Learned to Stop Worrying and Love the Build America Buy America Act)...

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Join us on March 19, 2024 for the next presentation in our Infra Insight webinar series focusing on the Build America Buy America Act. While the Build America Buy America Act aims to promote domestic manufacturing and...more

McCarter & English Blog: Government Contracts...

Back to School: Time to Study the OMB Final Rule Implementing BABA

Just in time for the season of new backpacks, lunch boxes, and school supplies, the Office of Management and Budget (OMB) has assigned some homework to contractors looking to participate in Federal financial assistance...more

Cozen O'Connor

Build America, Buy America Final Guidance Issued

Cozen O'Connor on

On August 14, the Office of Management and Budget (OMB) issued a “pre-publication” version of its final guidance to promote the use of American-made materials in federally funded infrastructure projects.1 The guidance...more

Miles & Stockbridge P.C.

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s...more

Holland & Knight LLP

Silicon Valley Meets Washington, D.C.: DOD's CSO Authority Is Here to Stay

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The U.S. Department of Defense (DOD) has finalized a proposed rule authorizing the acquisition of commercial products and services using general solicitation competitive procedures known as a "commercial solutions opening"...more

Wiley Rein LLP

OMB Issues Final Guidance on Implementation of Build America, Buy America Act

Wiley Rein LLP on

WHAT: The Office of Management and Budget (OMB) issued long-awaited final guidance on the implementation of the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. As we’ve highlighted in prior...more

Jackson Lewis P.C.

Where the Semiconductor Chips Will Fall: What Manufacturers Need to Know About the CHIPS Act

Jackson Lewis P.C. on

New law to tackle the shortage of semiconductor chips will direct $280 billion to research and production of semiconductors in the United States. While the dramatic increase in federal grants, loans, and other programs under...more

Maynard Nexsen

Buy American Act Content Requirements Are Tightening Again, Are You Prepared?

Maynard Nexsen on

Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week.  Beginning today, on October 25, 2022, the domestic content requirement for components in...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...more

McCarter & English Blog: Government Contracts...

With Just a Little Ado: Significant Buy American Changes Are Coming Before Halloween

Regardless of whether they were eagerly anticipated or begrudgingly unavoidable, the changes promised to the Buy American Act (BAA) early last year have at last arrived, or at least are quickly approaching. On March 4, 2022,...more

Hogan Lovells

Proposed rule seeks to significantly strengthen U.S. Government “Buy American” requirements

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On 30 July 2021, the FAR Council published a proposed rule to significantly strengthen “Buy American” requirements applicable to goods sold to the U.S. Government. The proposed rule promotes the procurement of goods,...more

Pullman & Comley, LLC

Manufacturing Updates - Spring 2021

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Welcome to Manufacturing Updates, Pullman & Comley’s new quarterly publication that summarizes important legal developments for manufacturers. Manufacturing Updates brings together insights from attorneys across our many...more

Bradley Arant Boult Cummings LLP

GAO Clarifies the Scope of Its Jurisdiction over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more

Faegre Drinker Biddle & Reath LLP

President Biden’s Latest Executive Order Aims to Bolster Critical Supply Chains

On February 24, 2021, President Biden signed the Executive Order (EO) on America’s Supply Chains, setting forth his administration’s strategy for developing resilient and secure supply chains for critical goods. Prompted by...more

Morgan Lewis

Biden Leaves in Place Key Portions of Buy American Act Changes, Targets New Domestic End Product Test and Services

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President Joe Biden issued on January 25 an Executive Order on Ensuring the Future Is Made in All of America by All of America's Workers (EO). This EO leaves in place key portions of the prior administration’s July 15, 2019...more

WilmerHale

COVID-19: The Biden Administration's National Strategy and Plans for the Defense Production Act

WilmerHale on

On President Biden’s first two days in office, he issued a National Strategy for the COVID-19 Response and Pandemic Preparedness and 11 related Executive Orders, including an Executive Order on a Sustainable Public Health...more

McDermott Will & Emery

What the Latest Executive Order Means for Federal Contractors and FDA

McDermott Will & Emery on

The August 6, 2020, Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States directs the FDA and other federal agencies to take actions that could expand...more

Hogan Lovells

Trump invokes Defense Production Act to block exports of Personal Protective Equipment

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With reports of widespread shortages of personal protective equipment (PPE) and ventilators and the COVID-19 pandemic continuing to expand nationwide, the Trump Administration has turned to the Defense Production Act (DPA) –...more

Seyfarth Shaw LLP

Federal Government Adopts New Process for States and Tribes to Request Ventilators from the Limited Federal Supply

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On April 1, 2020, a FEMA advisory issued that announced a new, more formalized process for distributing the limited available supply of ventilators to states and tribes.  The federal government’s supply of available...more

Morgan Lewis

Defense Production Act, Rated Orders & the FCA: Long-Term Liability Amid a Current Crisis?

Morgan Lewis on

Companies complying with orders under the Defense Production Act should be aware, and prepared to manage, potential False Claims Act liability that arises with government funding. As the current global and national crisis of...more

Morgan Lewis

Federal Circuit Acetris Decision Is Important for Pharmaceutical Manufacturers Planning Sales to US Government

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The US Court of Appeals for the Federal Circuit’s February 10 decision in Acetris Health, LLC v. United States provides important guidance regarding the determination of a product’s country of origin, which is a gating issue...more

Stinson - Government Contracting Matters

Addressing the Impact of the Coronavirus on the Public Sector Supply Chain

At the end of December, China acknowledged the existence of the coronavirus. We don’t know how long it has been around or how many people have actually contracted the virus. We do know the virus has spread at an alarming rate...more

Sheppard Mullin Richter & Hampton LLP

The Evolution of TAA Compliance Post-Energizer – “Substantially Transformed” Has Substantially Changed

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

Stinson - Government Contracting Matters

Final FAR Rule Mandating GIDEP Reporting of Actual or Suspected Counterfeit Parts Issued: More Questions Than Answers

Supply chain risks are on the rise. Protecting the supply chain is a critical aspect of our national security, health and public safety. Whether parts are electronic or not, if they aren’t what they are represented to be,...more

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