The federal government is the largest single purchaser of goods and services in the world. When the government is purchasing goods and services, the Buy American Act requires the government to purchase domestic goods and construction materials unless an exception applies or a waiver is granted. Determining whether a product is domestic can be complex, and the recent amendments to the FAR Buy American regulation and the new Executive Order on Ensuring the Future is Made in All of America by All American Workers have added to the complexity. This material will provide information on when the Buy American Act applies, the tests for determining whether a product is Buy American Act compliant, the exceptions to the applicability of the Buy American Act, the applicability of the Trade Agreements Act, the consequences of not complying with the Buy American Act, and some best practices for ensuring compliance.
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