Buy American: What Government Contractors Need to Know
Biden Administration: The First 100 Days and Key Developments to Watch
The First 100 Days: Deciphering Key Provisions in the Buy American Act for Government Contractors
On July 31, 2025, the Court of Federal Claims (COFC) issued its decision in The DaVinci Company v. United States. The case is noteworthy for contractors grappling with geographical supply chain concerns because it elucidates...more
In a recent bid protest decision, The DaVinci Company LLC v. United States, the U.S. Court of Federal Claims reaffirmed the enduring authority of the Trade Agreements Act (TAA) in federal procurements. At the center of the...more
The Federal Highway Administration has issued a final rule to implement the Build America, Buy America Act, which will impact transportation projects funded by federal dollars. While the rule may be adjusted following a...more
Federal government contracts and grants require contractors to certify the delivery of domestic end products unless an exception applies. Domestic preference rules include the Buy American Act (BAA) and Trade Agreements Act...more
Federal Acquisition Regulation (FAR) Final Rule: List of Domestically Nonavailable Articles - On May 12, the General Services Administration (GSA), Office of Federal Procurement Policy (OFPP), Department of Defense (DOD),...more
As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding and navigating Buy American compliance in government contracts. These...more
Government procurement fraud is pervasive. The vast majority of government procurement fraud goes undetected, and federal agencies rely heavily on whistleblowers to help them determine when scrutiny is warranted. Blowing the...more
WHAT: On January 14, 2025, less than a week before President Biden left office, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) published a final rule updating its Buy America rules to rescind...more
The Trump Administration will most likely move quickly to align the federal government’s priorities with the President’s own. While the Administration has not detailed all of its plans for government contracting/procurement,...more
The fourth quarter of 2024 presented government contractors with significant changes, including annual spending bills, new rulemakings, agency announcements and a new federal administration following the election. We review...more
The incoming Trump administration is expected to make several policy changes likely to impact tech transactions. President-elect Donald Trump has promised to reduce regulation and cut federal bureaucracy, which he says have...more
On September 17, 2024, the Office of Inspector General (OIG) for the General Services Administration (GSA) released its Audit Plan for the 2025 fiscal year, which includes, among other activities, certain, and potentially...more
With the goal of bolstering domestic U.S. manufacturers and supply chains, the Federal Government has announced revisions to the “Buy American” program that will pressure U.S. agencies and companies to work with domestic...more
Many Americans value domestically made goods. A “Made in USA” label can hold special meaning for these consumers, as it serves as a symbol of patriotism, a sign of quality craftsmanship, and a show of solidarity with local...more
Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the...more
WHAT: On July 30, 2024, the National Telecommunications and Information Administration (NTIA) issued guidance on demonstrating compliance with the “Build America, Buy America” (BABA) domestic content requirements in...more
The Buy American Act was originally passed by Congress in 1933 and has undergone numerous changes across several presidential administrations. While the core of the Act has essentially remained the same, requiring the U.S....more
For the second time in as many years, the Department of Defense (DOD) has issued a final rule that brings its Buy American Act (BAA) requirements into alignment with the Federal Acquisition Regulation (FAR). The final rule...more
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
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
Sweden’s accession to NATO provides not only increased political stability in Northern Europe, but also presents significant opportunities to Swedish companies. On March 7, 2024, after a nearly two-year delay, Sweden...more
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
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a February 27th report titled: Perspectives on Capacity: Managing Drinking Water State Revolving Fund Infrastructure...more
The Department of Justice ("DOJ") recently announced a $1.75 million false claims settlement with a contractor that "improperly obtained government contracts that were set-aside for small businesses." The DOJ settlement...more