News & Analysis as of

Supply Chain Buy American Act

Bradley Arant Boult Cummings LLP

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Wiley Rein LLP

FHWA Proposes Rescinding Buy America Waiver for ‘Manufactured Products,’ Seeks Industry Input

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WHAT: The U.S. Department of Transportation’s Federal Highway Administration (FHWA) announced a Notice of Proposed Rulemaking (NPRM) which would end the long-standing general waiver of Buy America requirements for...more

Schwabe, Williamson & Wyatt PC

Buy American Act Requirements Updates: Changes to Department of Defense Unique ‎Requirements

On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more

Braumiller Law Group, PLLC

November 2023 Newsletter

In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China's Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor...more

Baker Donelson

Final Build America, Buy America Act Guidance Released, Tightening U.S. Content Requirements For Federally Funded Infrastructure...

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The Office of Management and Budget (OMB) recently released guidance for the Build America, Buy America Act (BABA), which was enacted in November 2021 as part of the Infrastructure Investment and Jobs Act (IIJA)....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

White & Case LLP

Final Buy America Act Guidance Issued

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The White House issued final guidance this week governing the procurement preferences required by the Build America, Buy America Act, or BABA, for infrastructure projects. In addition to providing definitions for key terms...more

Maynard Nexsen

DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts

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On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation...more

Robinson+Cole Manufacturing Law Blog

Unraveling the Confusion: Buy America, Buy American, Made in USA – Part 2

Last month, I offered the first in a series of blog posts that attempt to simplify the various laws that are often described as a single law: “Buy America,” “Buy American,” “Made in the USA,” “Made in America,” and “Build...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

Vinson & Elkins LLP

Highly Anticipated Domestic Content Bonus Guidance Released

Vinson & Elkins LLP on

On May 12, 2023, the Department of the Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) issued Notice 2023-38 (the “Notice”), providing guidance on the rules taxpayers must satisfy to qualify for the...more

Pillsbury Winthrop Shaw Pittman LLP

OMB Proposes Revisions to Guidance Supporting the Implementation of IIJA’s Build America, Buy America Act Provisions

Funding provided under the Infrastructure Investment and Jobs Act (IIJA) is conditioned on complying with domestic content requirements. The Office of Management and Budget (OMB) has proposed new regulations to implement...more

King & Spalding

OMB Proposes New Regulatory Guidance On “Buy America Preferences For Infrastructure Projects”

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Comments On The Proposal Must Be Filed By March 13, 2023 - Two days after President Biden’s State of the Union address announced that there would be “new standards to require all construction materials used in Federal...more

Braumiller Law Group, PLLC

Braumiller Law Group - February 2023 Newsletter

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain security. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies...more

Maynard Nexsen

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

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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

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

K2 Integrity

Navigating the Made in America Landscape: Ensuring Compliance on Infrastructure Projects

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Passing the historic $1 trillion Infrastructure Investment and Jobs Act (IIJA) in November 2021, which allocates more than $550 billion in new infrastructure spending, was an early priority of the Biden administration. The...more

Morrison & Foerster LLP - Government...

FAR Council Tightens Buy American Act Requirements

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued a final rule tightening the Buy American Act preference for domestic products and construction materials. The final rule makes only limited...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

King & Spalding

Biden Administration Issues Updated Federal Acquisition Regulation Buy American Act Requirements

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October 25, 2022 Effective Date Provides A “Grace Period” To Affected Industries To Come Into Compliance With Stricter Non-Iron/Non-Steel Domestic Content Standards In Federal Procurement - On March 7, 2022, the Department...more

Kelley Drye & Warren LLP

Buy American Final Rule Ups the Domestic Content Ante

The Biden Administration continues to advance its Made in America policy priorities through amendments to the Federal Acquisition Regulation (FAR) implementing the Buy American Act (BAA). The latest such amendment, a final...more

McGuireWoods LLP

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

McGuireWoods LLP on

On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more

Pillsbury Winthrop Shaw Pittman LLP

Final Rule Increases Compliance Obligations Under the Buy American Act

The FAR Council’s final rule makes changes to the Federal Acquisition Regulation that will materialize over the next decade. Contractors will have until October 25, 2022 to comply with a 60 percent domestic content...more

Wiley Rein LLP

More Changes to Buy American Act

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WHAT: As previewed in our prior alert, the Federal Acquisition Regulatory (FAR) Council on March 7, 2022 issued a final rule aimed at strengthening Buy American rules applicable to federal procurement. The final rule, which...more

Sheppard Mullin Richter & Hampton LLP

Few Surprises – New Rule Implementing Biden’s “Made in America” Changes the Buy American Act Effective October 2022

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

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