Topic Archives: Domestic Preferences

Federal Procurement

NEW YEAR, NEW DOMESTIC PREFERENCE RESTRICTIONS: TRUMP FINAL RULE AND BIDEN EXECUTIVE ORDER

Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many Federal procurements. The outgoing and incoming Administrations each took actions this January that will cheer the hearts of many American manufacturers, while dismaying advocates of ...›

Federal Procurement

Proposed Rule to Amend the Far’s Implementation of the Buy American Act

Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials – particularly domestic iron and steel – in Federal procurements. If the rule is finalized, it will amend the FAR’s implementation of ...›

Trade Agreements Act Compliance: Federal Circuit Clarifies Country of Origin and Place of Manufacture Analyses

A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few.  In Acetris Health, LLC v. United States, the Court of Appeals for the Federal Circuit recently denied a Government appeal and ...›

Federal Procurement

President Issues New Domestic Preference Executive Order

The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA).  EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider proposing” a rule with the following features: (i) an amendment to the ...›

Federal Procurement

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance.  The orders, signed March 8, 2018, impose a 25 percent tariff on imported steel and a 10 percent tariff on imported aluminum, with exemptions for imports ...›

Federal Procurement

The “Buy American, Hire American” Executive Order, Digested

The domestic-preference provisions of President Donald Trump’s April 18 executive order on “Buy American, Hire American” are ambitious in scope, requiring government-wide action to maximize the use of U.S. goods. While the order’s provisions will prove tricky to effectively implement, it is nonetheless a harbinger of things to come. All government contractors — and especially ...›