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Thompson Hine Adds Partner Jessica Haire to Government Contracts and Construction Practices
January 29, 2021 GMT
WASHINGTON (BUSINESS WIRE) Jan 29, 2021
Thompson Hine LLP is pleased to announce that Jessica Haire has joined the firm as a partner in its Government Contracts and Construction practices in Washington, D.C.
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As a lawyer and civil engineer, Haire’s significant on-site project and design experience brings an in-depth level of perspective to her legal advice. Her focus on construction-related government contracts integrates well with Thompson Hine’s construction practice, complementing the firm’s existing capabilities, adding depth and providing an excellent government contracts resource for its construction clients.
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President Biden signed an executive order (EO) on January 25, 2021, outlining his administration’s policy to increase procurement of U.S.-made products by expansion of domestic preferences for American-made goods and components purchased by the federal government.
The EO, which follows President Biden’s campaign pledge to strengthen existing rules favoring U.S. manufacturers in federal procurement, requires the Federal Acquisition Regulatory (FAR) Council, among other things, to consider amendments to existing FAR provisions to increase domestic content requirements for end products and construction materials. Significantly, the EO also creates a new entity within the White House Office of Management and Budget (OMB) the Made in America Office to oversee agency waivers of Buy American and Buy America requirements, centralizing oversight of such waivers.
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President Joe Biden issued on January 25 an Executive Order on Ensuring the Future Is Made in All of America by All of America s Workers (EO). This EO leaves in place key portions of the prior administration’s July 15, 2019 EO 13881 (Maximizing Use of American-Made Goods, Products, and Materials) and related implementing regulations, orders a sweeping review of multiple domestic preference rules, including proposing standards for domestic products, and establishes a central Office of Management and Budget (OMB) authority to approve federal agency waiver requests of Made in America requirements.
The U.S. Court of Appeals for the Federal Circuit, in
BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified in that clause are present and the contractor is able to show financial loss. As discussed below, the Federal Circuit’s decision in this regard is a welcome development for government contractors because the court’s basic reasoning extends to all FAR clauses that direct that the government “shall” or “must” consider or make an equitable adjustment if the conditions set forth in the applicable FAR clause are present.
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The Biden Administration’s ‘Made in America’ Executive Order: A Move to Strengthen U.S. Preferences in Federal Spending Friday, January 29, 2021
On Jan. 25, 2021, President Biden issued an Executive Order (E.O.) entitled “Ensuring the Future is Made in All of America by All of America’s Workers.”
1 This E.O. seeks to bolster American industry by strengthening policies and practices related to financial federal assistance awards and federal procurements that require or provide a preference for the purchase or acquisition of goods, products, or materials produced in the United States. While this E.O. has limited immediate impact, agency implementation of the E.O. over the coming months may have a significant effect on some federal procurements and federal financial assistance awards.