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The Fundamentals of the Buy American Act


Understand when the Buy American Act applies and whether a product is Buy American Act compliant.

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.



Lori Ann Lange

Lori Ann Lange

Peckar & Abramson, P.C.

  • Partner and co-chair of Peckar & Abramson, P.C.’s Government Contracting & Infra-structure Practice, leading the firm’s federal government contracting practice group
  • More than 25 years of experience in government contracts law
  • Recognized as one of the leading government contracts attorneys in the United States by Best Lawyers in America
  • Specializes in government contract law, bid protests, and corporate compliance coun-seling, and represents a range of government contractors, including construction con-tractors, defense contractors, and service contractors
  • Written and lectured on significant issues facing government contractors, including the Buy American Act, the False Claims Act, prevailing wages, and small business subcontracting
  • J.D. degree, The George Washington University Law School; B.A. degree, The George Washington University

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