Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.”  While this Order makes no substantive legal changes and, for now, appears to be more bark than bite, it should engender in all federal contractors a renewed focus on domestic preference laws.  Determining which domestic preference law, if any, applies in a given procurement, and whether the goods or services to be supplied will meet the requirements, can be tricky.  Legal counsel should be involved in this process, particularly whenever a certification is involved.

The next in our Infographics series provides a roadmap to help think through two of the more commonly encountered domestic preference laws:  the Buy American Act and the Trade Agreements Act.