Category Archives: International Procurement

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Free(er?) Trade – US, EU and Canada Quibble Over Market Access and Domestic Preferences

The US is generally pretty keen on international free trade agreements. And why shouldn’t it be? After all, free trade agreements have the ability to open up foreign markets to US goods and services, allowing new and expanding opportunities for US companies. But “free trade” does not always mean “free trade” – it usually means … Continue Reading

Buy American Redux – 15 Tips for Navigating the Buy American Maze

By David Gallacher Two months ago, we published a brief list of compliance tips to keep in mind when dealing with Buy American requirements. We got an awful lot of calls asking for more information, so – at the risk of giving you more information than you wanted on a very complicated topic – David … Continue Reading

“Buy American” Compliance Tips

By David Gallacher 1. There is no single “Buy American” requirement – there are numerous statutes with differing requirements. Make sure you know which one applies. 2. Whether you are a prime or a subcontractor, certify only to the specific “Buy American” requirements in the RFP; do not make a broader certification than is required.… Continue Reading

Free Trade Agreement Updates for 2012

By David Gallacher 2012 saw several updates with regard to free trade agreements (“FTAs”) between the U.S. and its international trading allies. The most notable of these was the U.S.-Korea FTA (“KORUS”), but several other changes were made to the U.S. procurement regulations implementing other free trade agreements. Regrettably, negotiations with China remain stalled with … Continue Reading

Free Trade Agreement Updates – Changes to the WTO GPA and KORUS FTA

By David Gallacher In December 2011 the World Trade Organization reached an agreement in principle to implement “historic revisions” to the World Trade Organization Government Procurement Agreement (WTO GPA), a trade agreement covering the public procurement markets in more than 40 WTO member states (including the United States). On March 30, 2012, the WTO GPA … Continue Reading

Terrorism and Taxes – Proposed FAR Rule Imposes 2% Tax on Foreign Offers to Fund 9/11 Relief Fund

By David Gallacher and John Bonn On January 2, 2011, the President signed the James Zadroga 9/11 Health and Compensation Act of 2010, Pub. L. No. 111-347, which set up a relief fund for victims, first responders, and construction workers who were injured in the September 11 terrorist attacks in New York City. To pay … Continue Reading

“Buy American” and Photovoltaic Devices – Interim Rule Issued by DoD

By David Gallacher and Curt Dombek Last year in January 2011, the President signed the 2011 National Defense Authorization Act (Pub. L. No. 111-383, Section 846), which included a “Buy American” requirement for photovoltaic devices being purchased by the U.S. Department of Defense (“DoD”). We previously discussed this new requirement in our blog. Twelve months … Continue Reading

New 2012 Updates to U.S. Free Trade Agreements Expected; No Progress With China

By David Gallacher 2012 will see changes regarding U.S. free trade agreements relating to, first, the dollar thresholds at which the various agreements apply to federal purchases and, second, the likely expansion of the scope of the World Trade Organization Government Procurement Agreement ("WTO GPA"). The updated dollar thresholds are important for government contractors because … Continue Reading

A Brief Look At United Nations Procurement: Going International … Sort Of

By Alexander W. Major The following is the first in a series of postings which will provide a brief look into UN procurement intended to help potential contractors assess the viability of doing business with the UN. In an era of shrinking procurement budgets, federal contractors are increasingly seeking new opportunities abroad. But many companies understandably … Continue Reading
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