News & Analysis as of

Federal Contractors Buy America

Bradley Arant Boult Cummings LLP

Key Legal Issues Facing U.S. Government Contractors in 2025

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

Morris, Manning & Martin, LLP

The Vital Impact of BABA Regulations on Federally Funded Infrastructure Projects

BABA Act's emphasis on using domestically produced steel is crucial for ensuring the quality, safety, and sustainability of infrastructure projects. The Build America Buy America (BABA) Act, part of the Infrastructure...more

Nossaman LLP

FHWA Rescinds Longstanding Buy America Waiver for Manufactured Products

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On January 14, 2025, the Federal Highway Administration (FHWA) announced a new final rule to end its longstanding waiver of Buy America requirements for “manufactured products” used in Federal-aid highway projects....more

Wiley Rein LLP

FHWA Rescinds Longstanding Buy America Waiver for “Manufactured Products”

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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

Vinson & Elkins LLP

Trump Administration 2.0 — What Government Contractors Should Expect

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Although the incoming Trump administration is beginning to take shape, there is still a lot of uncertainty around the specifics of the incoming administration’s priorities. However, during his campaign, President-elect Trump...more

Holland & Knight LLP

How a Trump Presidency Could Impact Government Contracting

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With former President Donald Trump winning election to be the 47th president of the United States, Americans should expect sweeping policy and regulatory changes, including in the federal procurement space. Based on Trump's...more

Braumiller Law Group, PLLC

Build America Buy America What is it? How to qualify.

Senior Associate Attorney Kerry Wang, Braumiller Law Group, joins VP Marketing/NBD Bob Brewer for a discussion on Build America Buy America. What is it, and how does one qualify their goods....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

Wiley Rein LLP

OMB Issues Updated Guidance on Implementing Build America, Buy America Requirements

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WHAT: The Office of Management and Budget (OMB) recently issued an update to its initial guidance on implementing the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. This is the third set of...more

Nossaman LLP

OMB Issues Final BABA Guidance and USDOT Issues Final Public Interest Waiver

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The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA).  On August 14, 2023,...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

Faegre Drinker Biddle & Reath LLP

OMB Issues Final Guidance on BABA Domestic Sourcing Requirements

On August 14, 2023, the Office of Management and Budget (OMB) released final guidance on implementing the statutory requirements of the Build America, Buy America Act (BABA) provisions of the Infrastructure Investment and...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

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

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2023- Compliance Issues in Government “Buy America” Solicitations

This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. It also outlines the...more

Miles & Stockbridge P.C.

Proposed Amendment Tightens ‘Buy American’ Thresholds for DoD Procurements

The U.S. Department of Defense (DoD) recently issued a proposed amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) that tightens “Buy American” thresholds for DoD procurements....more

Venable LLP

New DFARS Rule Increases Buy American Act Content Thresholds for DOD Contracts

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The Department of Defense (DOD) has proposed an updated rule in the Defense Federal Acquisition Regulation Supplement (DFARS) to increase Buy American Act content thresholds for federal government contractors under DOD...more

Miles & Stockbridge P.C.

OMB’s Proposed Rule for BABA Implementation Attracts Industry Criticism

The White House Office of Management and Budget (OMB) issued a Proposed Rule and Notification of Proposed Guidance to federal agencies earlier this year regarding the implementation of the Build America, Buy America Act...more

Robinson+Cole Construction Law Zone

More Funding Brings More Bureaucracy to Federal Projects

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58).  The IIJA includes the Build America, Buy America Act which declares that “none of the funds made...more

Venable LLP

OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many...

Venable LLP on

While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform...more

Akin Gump Strauss Hauer & Feld LLP

Buy America Requirements for Infrastructure: Analysis of New Proposed Rule and Guidance from White House

Following President Biden’s State of the Union address highlighting increased enforcement of Buy America requirements for federally funded infrastructure projects and new standards for construction materials, the White House...more

Wiley Rein LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

Domestic Content Requirements of the Inflation Reduction Act: Basic Requirements, Qualification Analysis, and Lingering Questions

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

Morgan Lewis

New Federal Acquisition Regulation Buy American Act Requirements Go into Effect

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The Biden-Harris administration’s amendments to the domestic preference requirements in Federal Acquisition Regulation Part 25 become effective on October 25. The new requirements will increase the domestic content threshold...more

Stinson LLP

Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

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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

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