News & Analysis as of

Final Rules Buy American Act

J.S. Held

Responding to New Buy America Requirements on FHWA Projects

J.S. Held on

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

Wiley Rein LLP

FHWA Rescinds Longstanding Buy America Waiver for “Manufactured Products”

Wiley Rein LLP on

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

Faegre Drinker Biddle & Reath LLP

Fourth Quarter 2024 Government Contracts Policy and Regulatory Review

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

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

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

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

Akin Gump Strauss Hauer & Feld LLP

OMB Issues Final Buy America Rule and Guidance for Infrastructure Projects

On August 14, 2023, the Office of Management and Budget (OMB) released a pre-publication version of final guidance implementing the Build America, Buy America Act (BABAA).The guidance adds a new Part 184 in 2 C.F.R. and...more

Maynard Nexsen

DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts

Maynard Nexsen on

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

Morgan Lewis

New Federal Acquisition Regulation Buy American Act Requirements Go into Effect

Morgan Lewis on

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

PilieroMazza PLLC

Buy American: What Government Contractors Need to Know

PilieroMazza PLLC on

Since his first days in office, President Biden implemented a “Made in America” procurement initiative to maximize the use of goods, products, and materials produced in, and services offered in, the United States. Biden’s...more

PilieroMazza PLLC

[Webinar] Buy American: What Government Contractors Need to Know - April 27th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Since his first days in office, President Biden implemented a “Made in America” procurement initiative to maximize the use of goods, products, and materials produced in, and services offered in, the United States. Biden’s...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

Holland & Knight LLP

Biden Administration Finalizes Important Changes to the Buy American Rule

Holland & Knight LLP on

The U.S. Department of Defense, General Services Administration and NASA, on March 7, 2022, published a final rule revising the Buy American Act (BAA) requirements applicable to federal procurements. The final rule is the...more

Blank Rome LLP

Buy American Act—Final Rule: What Has Changed?

Blank Rome LLP on

On March 7, 2022, the FAR Council published the final rule containing changes to Buy American Act (“BAA”) domestic preference requirements. This final rule is a significant step towards implementation of a policy to enhance...more

King & Spalding

Biden Administration Issues Updated Federal Acquisition Regulation Buy American Act Requirements

King & Spalding on

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

Hogan Lovells

Buy American final rule: March 7 amendment

Hogan Lovells on

On 7 March 2022, the Federal Acquisition Regulation (FAR) Council published a final rule amending the FAR to implement a January 2021 Executive Order (EO), EO 14005, aimed to strengthen domestic preferences in Government...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

White & Case LLP

Biden Administration Increases Domestic Content Requirements under Buy American Act, Enhances Price Preferences for Domestic...

White & Case LLP on

On March 7, 2022, the Federal Acquisition Regulatory Council (FAR Council) published a final rule that increases domestic content requirements for Federal government procurements governed by the Buy American Act (BAA). The...more

Miles & Stockbridge P.C.

Final Rule to Tighten Thresholds for Domestic Content under the Buy American Act

Maximizing the use of goods, products, and materials produced in the United States under the Buy American Act (BAA) is a bipartisan issue. In our previous post, “Ensuring the Future is Made in All of America by All of...more

White & Case LLP

President Biden Issues “Buy American” Executive Order, Following Last-Minute Changes by Trump Administration

White & Case LLP on

On January 25, President Biden signed an Executive Order that contemplates increasing the domestic content thresholds and price preferences for domestic goods under the Buy American Act ("BAA," 41 U.S.C. §§ 8301-8305).  The...more

Pillsbury Winthrop Shaw Pittman LLP

No Clear Answer to Address New Executive Order’s Effect on Recently Issued Buy American Regulations

President Biden issued a new Executive Order concerning Buy American regulations less than a week after the FAR Council finalized a rule that increased domestic content requirements. President Biden’s Executive Order...more

ArentFox Schiff

Re-Thinking Made in America Preferences: President Biden Signs 'Made in America' Executive Order

ArentFox Schiff on

Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility - President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more

Holland & Knight LLP

Buy American Revisions Adopted for Domestic Content and Price Evaluation Preference Percentages

Holland & Knight LLP on

The U.S. Department of Defense (DoD), U.S. General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule, which generally adopts the Trump Administration's July 2019...more

McCarter & English Blog: Government Contracts...

FAR Council Issues Final Rule To Implement Trump Executive Order On Significant Buy American Changes

On the eve of the inauguration of President Biden, a lingering Trump-era policy finally made its way into the Federal Acquisition Regulation (FAR). On January 19, 2021, the FAR Council issued a final rule implementing changes...more

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