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
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
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
On June 21, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) held their second Industry Day concerning the implementation of Section 846 of the National Defense Authorization...more
6/27/2018
/ Business Model ,
E-Commerce ,
Federal Contractors ,
Federal Implementation Plans (FIP) ,
General Services Administration (GSA) ,
Manufacturers ,
NDAA ,
OMB ,
Online Distribution ,
Portal ,
Procurement Guidelines
Last month, the General Services Administration (“GSA”) and the Office of Management and Budget released their Phase 1 Implementation Plan (the “Plan”) for Section 846 of the National Defense Authorization Act (“NDAA”) of...more
On March 16, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) released their Phase 1 Implementation Plan (the “Plan”) for “Procurement Through E-Commerce Portals” as directed...more
4/2/2018
/ Business Model ,
E-Commerce ,
Federal Contractors ,
General Services Administration (GSA) ,
Internet Retailers ,
Manufacturers ,
NDAA ,
OMB ,
Online Distribution ,
Portal ,
Procurement Guidelines ,
Software Developers