March 9, 2017
President Trump’s First Address to Congress Foreshadows Increased Buy American Act Enforcement
Source: Inside Government Contracts, Justin Ganderson, Frederic Levy and Sandy Hoe, March 2, 2017
On February 28, 2017, President Donald J. Trump addressed a joint session of Congress for the first time and outlined his plan for a “new chapter of American Greatness.” That plan included continued emphasis on protecting United States labor and manufacturing, and can be summarized in a few words often repeated by President Trump: “Buy American and Hire American.” This rhetoric foreshadows the significant likelihood that enforcement of requirements for domestic sourcing and content, including the Buy American Act, 41 U.S.C. §§ 8301–8305, and the Trade Agreements Act, 19 U.S.C. §§ 2501–2581, will be a priority of the Trump Administration.
Background Regarding Domestic Sourcing Requirements
Originally passed by Congress in 1933 during the Great Depression, the Buy American Act (“BAA”) is designed to support United States labor and manufacturing by providing a preference for “domestic end products” and “domestic construction materials” in federal procurements. At its core, the BAA generally (a) restricts the Government from acquiring an article, material or supply for public use within the United States that is not a “domestic end product,” and (b) permits only “domestic construction materials” to be used in contracts for construction, alteration, or repair of any public building or public work in the United States. READ MORE….
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