Webinar Event: Buy American Act & Trade Agreements, January 19, 2023, 1-2:00 PM CST

The Texas South-West Small Business Development Center (SBDC) Network is hosting this upcoming, informative webinar on the Buy American Act, presented by me and John Holtz. The Buy American Act permits agencies to buy foreign end products only under certain exceptions, such as when domestic items are not available at a reasonable cost. Further, U.S. trade agreements waive the Buy American restrictions for certain products.

Please join us to learn more about these rules to include the recent updates. You can register here.

Govology Webinar Event: 2022 Government Contracts Year-End Review, December 8, 2022, 1:00 pm EST

In this webinar, Govology Legal Analyst Steven Koprince and I will cover the most important legal developments for federal contractors in 2022, including new small business rules, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act, and much more. I hope you will join us. Registration Link is here.

SmallGovCon Week in Review: October 10-14, 2022

Happy Friday, Readers. I don’t know about you, but it feels like fall brings with it a flurry of activity! There are so many community events going on this weekend, it’s hard to decide what to attend. We’re certainly very fortunate to have so many options. I hope you can get out and enjoy the fall activities in your neck of the woods and get in a bit of relaxation, as well. Here are some articles that we found particularly informative concerning federal government contracting this week, including GSA schedule pricing, CIO-SP4, and Polaris updates. Enjoy your weekend!

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Buy American Act Thresholds Are Going Up

As we’ve written about, it seems like there have been more changes to the Buy American Act and domestic preferences in the last few years than in decades before that. Recently, the FAR Council issued a final rule that spells out how the domestic content thresholds will increase over the next few years. This rule is effective October 25, 2022, so contractors need to be preparing for it now.

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SmallGovCon Week in Review: March 7-11, 2022

If March is supposed to come in like a lion and leave like a lamb, we are certainly still in the lion stage this week, with another winter snow storm that arrived here yesterday. No worries, however, because next week the lamb arrives with 70 degree weather and we are ready for it. Hopefully, this will be winter’s last gasp as warmer temperatures are sure to follow and we spring forward into daylight savings time.

There was a lot happening in federal government contracting news this week, such as the new Buy American Act final rule and updates on more cybersecurity requirements being considered for government agencies. We have included those and some additional articles that we hope you will find informative.

Have a great weekend!

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White House Releases New Details on Made in America Council to Make Domestic Preferences More Uniform

The White House has announced the launch of a Made in America Council, which will be the overarching group to “coordinate and advance the Made in America Office’s work across the entirety of the Federal Government.” This represents a new strategy for things like the Buy American Act and related policies, because it will try to centralize these efforts to some degree, instead of having them disbursed throughout the various federal agencies. Below are some of the highlights from this announcement.

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Agencies May Rely on Offerors’ Buy American Act Certifications Unless “Reason to Believe” Non-Compliance

When an offeror submits a certification that its products qualify as domestic for purposes of the Buy American Act, an agency ordinarily may rely on that certification without further investigation, unless the agency has reason to believe that the products will not be compliant.

In a recent bid protest decision, the GAO held that an agency acted properly by relying on the offeror’s certification because the protester’s “unsupported allegations” were insufficient to trigger a requirement for further investigation.

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