Supply Chain Management

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 […]

The United States has entered into numerous free trade agreements (FTAs) with countries around the world, broadly promising allied countries that the U.S. will not discriminate against products and services from such foreign countries in U.S. government procurements. This means that, in many circumstances, products and services from foreign countries must be afforded similar kinds […]

The U.S. Department of Transportation has promulgated unique “Buy America” requirements (different from the Buy American Act) applicable to the various federal transportation agencies, including the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA High Speed Rail Program), National Railroad Passenger Corporation (Amtrak), and the Federal Aviation Administration (FAA). […]

Even when doing business with state and local governments, companies still may find themselves subject to certain country of origin requirements, especially when federal funds are involved in local infrastructure projects. Federal grant programs administered through state and local governments are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards […]

The Federal Trade Commission (FTC) is responsible for preventing deceptive and unfair advertising in the U.S. marketplace, and is granted authority to bring enforcement actions against false or misleading claims of a product’s U.S. origin. In other words, there is no legal requirement that a product be labeled as “Made in the U.S.A.” Rather, companies […]

The Federal Trade Commission (FTC) is responsible for preventing deceptive and unfair advertising in the U.S. marketplace, and is granted authority to bring enforcement actions against false or misleading claims of a product’s U.S. origin. In other words, there is no legal requirement that a product be labeled as “Made in the U.S.A.” Rather, companies […]

Initially part of the Berry Amendment, in 2007 Congress separately required the Department of Defense (DOD) to procure certain defense articles produced using specialty metals (including high-end steel and titanium) domestically. Accordingly, specialty metals procured by DOD (whether as an end-item or as a component in other products) generally must be melted in the U.S. […]

Though we’ve covered quite a lot over 7 sessions, there still are many more “Buy America” and country of origin requirements mandated by Congress. In addition to those major preference regimes discussed previously, these other domestic content restrictions generally aim to fill in the gaps missed by the Buy American Act’s coverage. In Part 8 […]

We’ve spent the last 8 sessions discussing when certain products or services receive preferential treatment based on their country of origin. In the last of our 9-part series, the Sheppard Mullin Supply Chain Management team flips the script, focusing on products and services that generally are banned from acquisitions and programs utilizing federal, and even […]