Applicability of the Buy American Act and Trade Agreements Act
While the recent "Buy American and Hire American" makes no substantive legal changes and, for now, appears to be more bark than bite, it should engender in all federal contractors a renewed focus on domestic preference laws. Determining which domestic preference law, if any, applies in a given procurement, and whether the goods or services to be supplied will meet the requirements, can be tricky. Legal counsel should be involved in this process, particularly whenever a certification is involved.
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