FAR Updates Trade Agreement Act Thresholds

The The Trade Agreements Act (TAA) and its companion, the Buy American Act (BAA), both set policies for a preference for increased domestic purchases by the federal government and its contractors. However, the TAA is designed as kind of a counterweight to the BAA. The BAA (passed in 1933), “the first of the major domestic content restriction laws, requires federal agencies to apply a price preference for ‘domestic end products’ and use ‘domestic construction materials’ for covered contracts performed in the United States.” So, the BAA encourages use of US-produced goods.

The TAA, on the other hand, waives some of those requirements in favor of certain countries. The TAA permits waiver of BAA “domestic content restrictions” with respect to certain “countries that have trade agreements with the United States.” So, for “covered end products or construction materials imported from a designated country” where they are manufactured or transformed “are treated as domestic end products or materials for purposes of the BAA.”

A recent change to the FAR updates the thresholds at which the TAA becomes applicable to federal procurements. Because these thresholds can change, it can have an impact on which contracts are applicable to the TAA versus the BAA.

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Webinar Announcement: Joint Ventures & Teaming, April 23, 2026 hosted by El Paso Texas APEX Accelerators

Please join, government contracts attorneys, Nicole Pottroff and John Holtz from Koprince McCall Pottroff, as they explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements. 

Hope you can join us! Registration link here.

SmallGovCon Week in Review: April 13-17, 2026

Happy Friday! We’re keeping a close watch on the skies lately as we’ve some severe spring storms lately. This time of year can bring some intense weather across Kansas, so things can turn unpredictable quickly. Wherever you are, we hope the weather is kind and that you stay safe.

Things can sometime get unpredictable in federal contracting too. Now, here’s what’s happening this week in federal government contracting news: the continuing rumblings of AI and cybersecurity are big topics in procurement, along with the FY 2027 budget process.

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Back to Basics: The Two-Year Rule

Something we get asked about a lot with regards to joint ventures is the two-year rule (not to be confused with the “Rule of Two,” which concerns contract set-asides).  We have explored this rule in the past on a few occasions, however, it has been a little while since the last such post and it’s been a perennial issue for contractors that we talk to. As such, it would be helpful to have a refresher on this rule, which may help clear up some of those questions.

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Event Announcement: GovCon Roundup Live, Teaming Agreements, April 15, 2026

We’d like to invite you to a great interactive virtual event coming up — and it’s completely free. 

On April 15th, Carroll Bernard and Steven Koprince are hosting Episode 9 of GovCon Roundup Live, and the topic is one that trips up contractors at every stage: teaming. Our very own, federal government contracts attorney, Nicole Pottroff, will be contributing her thoughts to the discussion.

Whether you’ve never heard the term or you’ve been navigating teaming agreements for years, this session will give you something useful. 

Here’s what they will cover:

  • What teaming really means in the federal marketplace and why agencies love it
  • The most common teaming structures — prime/sub arrangements and joint ventures — and when each one makes sense
  • Why contractors are willing to take on the complexity of joint ventures (and what they get in return)
  • How teaming opens the door to larger contracts, stronger proposals, and new markets
  • The SBA Mentor-Protégé Program — including a little-known rule exemption that gives small businesses a real competitive edge

Bring your questions to the live Q&A at the end of the show. Register here.

GovCon Roundup Live Recordings: Streaming here.

SmallGovCon Week in Review: April 6-10, 2026

Happy Friday! April has started out in full swing, and it’s already shaping up to be a busy and eventful month. Along with plants being active for spring, this week has been active in the federal government contracting world, with some new developments and policy updates to track. As always, we’ve gathered a selection of relevant articles and insights below to help you stay informed and ahead of the curve.

Key updates including a proposed federal budget, increased IT spending review, and new AI risk management updates. We hope you find these resources helpful as you wrap up the week. Thank you for taking the time to stay connected, and we wish you a relaxing, enjoyable, and well-deserved weekend!

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President’s Executive Order Requires Terms Addressing DEI in Contracts

Recently, President Trump issued an executive order focused on federal contractors and DEI (meaning “Diversity Equity and Inclusion”) initiatives. Through this executive order, the President has quickly placed new requirements on federal contractors and agencies to include specific terms within their contracts and subcontracts. These terms add up to a somewhat lengthy contract clause, with the basic requirement that parties agree to not utilize DEI practices and agree to comply with any investigations of such practices by an agency. The executive order also provides some stark consequences for any failure to comply with its aims. Let’s dive in.

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