Law360 Publishes Akin Gump Analysis of New “Buy American” Executive Order
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Law360 has published the article “New ‘Buy American’ Challenges For Suppliers, Contractors,” written by Akin Gump litigation partner Susan Lent, government contracts partner Scott Heimberg and litigation associate Amanda Lowe. In the article, the authors discuss President Trump’s January 31 executive order “seeking to expand the types of infrastructure projects subject to Buy American requirements, and the goods, products and materials that must be produced in the United States.”
The article begins with a summary of some of the key provisions of the executive order. This includes directing federal agencies to “‘encourage’ recipients of new federal financial assistance awards under a ‘covered program’ to use, to the greatest extent practicable,” products manufactured in the United States. It also increases the types of projects covered and increases restrictions on projects already covered by Buy American restrictions.
The executive order, the authors observe, “could serve as an impetus for Congress to impose enhanced or new Buy American requirements in law.” Recipients of federal financial assistance, as well as producers and manufacturers, they note, “should be aware of these evolving Buy American requirements…the rules around determining whether a manufactured product is considered U.S.-manufactured; and the rules around waivers of Buy American requirements.”
To read the original client on which this article was based, please click here.
