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[Podcast] Federal Construction Contracts: Lessons from the Framaco Case

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent...more

Interim Rule Requires Contractors to Secure Supply Chains Involving Covered Articles and Sources Subject to FASC Exclusion and...

WHAT: A new interim rule prohibits contractors from delivering or using covered articles and sources that are subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018...more

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

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

OMB Issues Proposed Guidance on Requirement for U.S.-Produced Construction Materials in Infrastructure Projects

WHAT: Following the State of the Union, in which President Biden reiterated the Administration’s focus on made-in-America infrastructure, the Office of Management and Budget (OMB) issued proposed guidance aimed at...more

New ‘Advisory Down Select’ Evaluation Approach Alters Contractors’ Protest Calculus

We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more

Continuing Changes in “Buy American” Rules for Federal Contracts and Federally Funded Infrastructure Projects

Despite the deep partisan divides that exist in Washington, there is one issue that both parties seem to agree on: strengthening “Buy American” preferences when using government funds. ...more

More Changes to Buy American Act

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

GAO Rejects Unlawful Solicitation Restrictions on Mentor-Protégé Joint Ventures

The Government Accountability Office (GAO) recently issued two decisions sustaining challenges to solicitation restrictions on mentor-protégé joint ventures. Both were matters of first impression for GAO, in which GAO...more

FAR Council Issues Proposed Buy American Rule

WHAT: Consistent with President Biden’s Executive Order (EO) related to strengthening “Made In America Laws,” the Federal Acquisition Regulatory (FAR) Council issued a proposed rule that would once again alter existing Buy...more

President Biden Directs More Changes to Buy American Rules

What: Three days into the new administration, President Biden has issued an additional Executive Order (EO or Order) impacting government contractors, U.S. manufacturers, and grantees and other recipients of federal financial...more

Significant Changes To Long-Standing Buy American Act Rules

WHAT: The Federal Acquisition Regulation (FAR) Council issued a final rule on January 19, 2021 that makes significant changes to long-standing rules under the Buy American Act. As we previously discussed, in July 2019,...more

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