News & Analysis as of

Supply Chain 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

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

Seyfarth Shaw LLP

Six Essential Tips for Navigating Buy American Compliance in Government Contracts

Seyfarth Shaw LLP on

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

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

Vinson & Elkins LLP

Trump Administration 2.0 – Tech Transactions Update

Vinson & Elkins LLP on

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

Snell & Wilmer

Resetting the “Buy American” Waiver List: Federal Government Slashes Exceptions to Domestic Procurement

Snell & Wilmer on

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

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

Wiley Rein LLP

FHWA Proposes Rescinding Buy America Waiver for ‘Manufactured Products,’ Seeks Industry Input

Wiley Rein LLP on

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

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

Braumiller Law Group, PLLC

November 2023 Newsletter

In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China's Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor...more

Baker Donelson

Final Build America, Buy America Act Guidance Released, Tightening U.S. Content Requirements For Federally Funded Infrastructure...

Baker Donelson on

The Office of Management and Budget (OMB) recently released guidance for the Build America, Buy America Act (BABA), which was enacted in November 2021 as part of the Infrastructure Investment and Jobs Act (IIJA)....more

Miles & Stockbridge P.C.

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s...more

White & Case LLP

Final Buy America Act Guidance Issued

White & Case LLP on

The White House issued final guidance this week governing the procurement preferences required by the Build America, Buy America Act, or BABA, for infrastructure projects. In addition to providing definitions for key terms...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

Robinson+Cole Manufacturing Law Blog

Unraveling the Confusion: Buy America, Buy American, Made in USA – Part 2

Last month, I offered the first in a series of blog posts that attempt to simplify the various laws that are often described as a single law: “Buy America,” “Buy American,” “Made in the USA,” “Made in America,” and “Build...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Buy American – Treatment of Preferences in the Federal Acquisition Regulations

This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises...more

Vinson & Elkins LLP

Highly Anticipated Domestic Content Bonus Guidance Released

Vinson & Elkins LLP on

On May 12, 2023, the Department of the Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) issued Notice 2023-38 (the “Notice”), providing guidance on the rules taxpayers must satisfy to qualify for the...more

Pillsbury Winthrop Shaw Pittman LLP

OMB Proposes Revisions to Guidance Supporting the Implementation of IIJA’s Build America, Buy America Act Provisions

Funding provided under the Infrastructure Investment and Jobs Act (IIJA) is conditioned on complying with domestic content requirements. The Office of Management and Budget (OMB) has proposed new regulations to implement...more

King & Spalding

OMB Proposes New Regulatory Guidance On “Buy America Preferences For Infrastructure Projects”

King & Spalding on

Comments On The Proposal Must Be Filed By March 13, 2023 - Two days after President Biden’s State of the Union address announced that there would be “new standards to require all construction materials used in Federal...more

Braumiller Law Group, PLLC

Braumiller Law Group - February 2023 Newsletter

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain security. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies...more

Maynard Nexsen

Buy American Act Content Requirements Are Tightening Again, Are You Prepared?

Maynard Nexsen on

Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week.  Beginning today, on October 25, 2022, the domestic content requirement for components in...more

Stinson LLP

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

Stinson LLP on

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

K2 Integrity

Navigating the Made in America Landscape: Ensuring Compliance on Infrastructure Projects

K2 Integrity on

Passing the historic $1 trillion Infrastructure Investment and Jobs Act (IIJA) in November 2021, which allocates more than $550 billion in new infrastructure spending, was an early priority of the Biden administration. The...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

McCarter & English Blog: Government Contracts...

With Just a Little Ado: Significant Buy American Changes Are Coming Before Halloween

Regardless of whether they were eagerly anticipated or begrudgingly unavoidable, the changes promised to the Buy American Act (BAA) early last year have at last arrived, or at least are quickly approaching. On March 4, 2022,...more

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