By Oles Morrison on June 15, 2021 | Posted in Buy American Act
On June 11, 2021, the Office of Management and Budget (OMB) Acting Director Shalanda Young issued a memorandum to heads of executive departments and agencies providing initial guidance regarding the Made in America Office’s (MIAO) implementation of President Biden’s January 25th executive order (EO). The purpose of the memorandum is […]
By Oles Morrison on June 10, 2021 | Posted in Buy American Act
In case you missed the webinar, President Biden’s New Direction for Government Contracting, you can access the slides here. About this webinar: President Biden emphasizes his administration’s commitment to strengthening Buy American requirements. Given the administration’s intent for stricter enforcement of domestic preference requirements, government contractors need to know these requirements, […]
By Oles Morrison on May 13, 2021 | Posted in Buy American Act
Join Oles Morrison Partners Howard Roth on June 9th as they present “Buy American under President Biden: What Construction and Supply Contractors Need to Know Now!” President Biden emphasizes his administration’s commitment to strengthening Buy American requirements. Given the administration’s intent for stricter enforcement of domestic preference requirements, government contractors need […]
By Oles Morrison on March 10, 2021 | Posted in Bid Protests
Last April, the Court of Federal Claims issued a decision in NIKA Technologies, Inc. vs. United States telling potential protestors that they had an extra two days to file a protest under the enhanced Department of Defense (DoD) debriefing process. Last month, the Federal Circuit reversed that ruling. Under the […]
By Howard W. Roth on February 18, 2021 | Posted in Buy American Act
A new, much tougher Buy American final rule soon applies to new solicitations issued by the Government. The final rule implements former President Trump’s “Maximizing Use of America-Made Goods, Products, and Materials” Executive Order (EO). Previously we reported on the January 22, 2021 Biden EO, “Buy American Executive Order Doubles […]
By Oles Morrison on February 11, 2021 | Posted in Buy American Act
On January 25, 2021, just five days after taking office, President Biden signed executive order (EO) “Ensuring the Future Is Made in All of America by All of America’s Workers. This EO, applicable to the nearly $600 billion (FY19) in federal government contracts sets forth procedures related to the many […]
By Oles Morrison on July 24, 2019 | Posted in Buy American Act
As anticipated, the Trump Administration has continued to build on its emphasis for domestic preference requirements on projects that are subject to the Buy American Act – both for projects that are directly funded by the federal government, or pursuant to the Administration’s January 31, 2019 Executive Order, “Strengthening Buy American Preferences for Infrastructure Projects,” potentially also to projects that are indirectly funded by the government. The Administration’s latest efforts in this area have come in the form of a July 15, 2019 Executive Order, “Maximizing Use of American-Made, Goods, Products, and Materials.” While this most recent Executive Order on this subject contains a number of proposed changes, which will need to be implemented through regulations, it proposes two changes that may have significant ramifications for the construction industry. This alert summarizes the key considerations for construction contractors.
By Oles Morrison on February 1, 2019 | Posted in Buy American Act
While domestic preference requirements in federal procurements, namely the Buy America and Buy American Acts, are not new their increased emphasis are. As has been well publicized, a central focus of the Trump Administration has been to encourage and increase the use of domestically sourced products and materials in connection […]
By Howard W. Roth on October 20, 2017 | Posted in Buy American Act
Howard Roth authored an article on Buy America and Buy American for the Seattle Daily Journal of Commerce. Below, learn about the differences between the two acts and why they matter to contractors. In this first year of Donald Trump’s administration, American sourcing requirements are receiving heightened focus that impacts […]
By Oles Morrison on August 31, 2017 | Posted in Buy American Act
Oles Morrison attorney Howard W. Roth commented to the L.A. Times on proposed “Buy American” provisions in NAFTA. Howard explained that while proponents for “Buy American” cite a Government Accountability Office review stating that the U.S. has available twice as much government procurement to foreign companies, a lot of other countries just […]
By Oles Morrison on August 23, 2017 | Posted in Bid Protests
With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]
By Howard W. Roth on April 27, 2017 | Posted in Buy American Act
On April 18, 2017, President Trump signed the “Buy American Hire American” Executive Order (“EO”). The EO restates the policy of the government to buy American. Federal agencies are required to make an assessment of what the EO calls the “Buy American Laws” aimed at maximum use of United States […]
By Howard W. Roth on March 13, 2017 | Posted in Buy American Act
In these early days of Donald Trump’s administration, domestic sourcing requirements are receiving heightened focus. President Trump’s Jan. 24, 2017, “Presidential Memorandum Regarding Construction of American Pipelines” asks the Secretary of Commerce to “develop a plan under which all new pipelines . . . inside the borders of the United […]
By Oles Morrison on March 29, 2013 | Posted in Buy American Act
It comes as a surprise to no one that Congress has wide-ranging ability to place conditions on the federal government’s ability to spend federal dollars. What may surprise some contractors is the effect that Congress’s power via “domestic preference acts” has to limit how the contractor builds a project and […]