Since 2016, both the Biden and the Trump administration have placed a renewed focus on “Buy America” priorities and other domestic preferences, drastically changing the way government agencies procure supplies and construction materials. The Buy American Act (BAA) – the most common of these country of origin requirements – generally requires the U.S. government to purchase domestic-origin supplies and construction materials unless an exception applies or waivers are granted. But determining whether a product qualifies under the Buy American Act or whether a waiver is available poses complex factual and legal questions. In Part 1 of this 9-part series, the Sheppard Mullin Supply Chain Management Team discusses the Buy American Act, the implementing regulations at FAR Subpart 25.1 and 25.2, and recent changes to the regulations.
In this session, we will cover:
- The fundamentals of Buy American Act compliance;
- What it means to “manufacture” a product under the Buy American Act;
- How the Buy American Act interacts with other country of origin requirements;
- Impacts of recent changes to the Buy American Act implementing regulations;
- Common pitfalls with Buy American Act compliance, and best practices to mitigate potential false certifications.