Certain pooled investment vehicles
501(c) nonprofits; 527 political organizations; trusts under paragraphs (1) and (2) of section 4947(a) of the Internal Revenue Code
Certain entities that operate exclusively to provide financial assistance/hold governance rights over a nonprofit, political organization or certain trusts
Any entity that: 2. has a physical office in the U.S., and 3. reported more than $5 million in gross receipts or sales on the previous year’s Federal income tax return
Any subsidiary or other entity owned or controlled (directly or indirectly) by an entity exempt from reporting requirements (except those owned or controlled by money transmitting businesses; certain pooled investment vehicles; certain entities that operate exclusively to provide financial assistance/hold governance rights over a nonprofit, political organizations, and certain trusts; and certain inactive businesses)
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On January 19, 2021, the domestic content restrictions of the Buy American Act (BAA) were significantly changed via a final rule (Final Rule) issued by the Federal Acquisition Regulation (FAR) Council. The Final Rule stemmed from a July 2019 Executive Order issued by President Trump, titled Maximizing Use of American-Made Goods, Products, and Materials, which sought to overhaul domestic content restrictions associated with federal procurement subject to the BAA.
It is more important than ever for government contractors subject to the BAA to understand the Final Rule s updated requirements, especially as the Biden Administration turns its attention to further tightening the BAA s restrictions. Soon after the publication of the Final Rule, President Biden issued another BAA-focused Executive Order that may result in even further significant revisions to the contours of the BAA. This alert will first outline the three key
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US President Joe Biden’s focus on Buy American Act domestic preference regulations and agency practices of implementing regulations and issuing waivers is likely to lead to an increased focus on federal government contractors’ compliance with heightened requirements.
As we
previously reported, on January 27, President Biden signed the
Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers (EO). In an attempt to strengthen Buy American policies, the EO one of the first steps in the president’s Build Back Better Recovery Plan reflects a continued increase in focus on domestic preference requirements in the federal procurement process. Among other things, the EO seeks to create a centralized review and approval process for waivers to government contractors across agencies by designating a Made in America director within the Office of Management and Budget (OMB) and by requiri
‘Made in America’ President Biden Signs Executive Order to Boost U.S. Manufacturing, but to What Practical Effect? Monday, February 1, 2021
On January 25, 2021, President Biden signed the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers” (Made in America EO) to leverage federal purchasing power to strengthen domestic manufacturing, spur job creation for Americans, and bolster the middle class. The EO tightens “Made in America Laws,” including the Buy American Act (BAA), at a time when U.S. industries and supply chains are faltering under the strains of the COVID-19 pandemic.
To many onlookers, President Biden’s reliance on Made in America laws to boost domestic manufacturing echoes the “Buy American, Hire American” strategy implemented by former President Trump. Yet the Biden administration argues that, unlike the numerous orders and directives issued by his predecessor, this EO provides “a clear direct
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On January 25, 2021, President Biden signed the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers” (Made in America EO) to leverage federal purchasing power to strengthen domestic manufacturing, spur job creation for Americans, and bolster the middle class. The EO tightens “Made in America Laws,” including the Buy American Act (BAA), at a time when U.S. industries and supply chains are faltering under the strains of the COVID-19 pandemic.
To many onlookers, President Biden’s reliance on Made in America laws to boost domestic manufacturing echoes the “Buy American, Hire American” strategy implemented by former President Trump. Yet the Biden administration argues that, unlike the numerous orders and directives issued by his predecessor, this EO provides “a clear directive with clear direction and clear time-limited windows” to deliver fundamental change. Below,