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DOD Issues Final DFARS Rule Implementing Increased Buy American Restrictions for Defense Procurements

Inside Government Contracts

The EO was intended to strengthen the requirements of the Buy American Act (“BAA”) by, among other things, directing the FAR Council to issue new rules increasing the domestic content threshold for determining whether a product qualifies as a domestic end product. Beginning in calendar year 2029, the threshold will be 75 percent.

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Multiple Award Schedule (MAS) Pricing Paradoxes

The CGP

“Fair and Reasonable” MAS contract level pricing is impacted by a host of factors. Contracting officers must assess, analyze, and apply these factors when reviewing an offeror’s proposal and negotiating fair and reasonable pricing. Previous FAR & Beyond blogs regarding this topic can be found here and here.

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CBRE Group to Acquire J&J Worldwide Services for $800M; Steve Kelley & Sean Thompson Quoted

ExecutiveBiz

J&J Worldwide Services and CBRE Group have inked a definitive agreement for the latter's acquisition of the Arlington Capital Partners portfolio company for $800 million in cash.

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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

The GAO decision provides an in-depth look at the high evidentiary bar associated with proving governmental bias in bid protests and the need to have definitive evidence before making such a claim. The evidentiary threshold to proving CO bias is extremely high. Ultimately, the SSA assigned Texas Waste a satisfactory rating.

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UK: start of the public consultation on the introduction of a UK carbon border adjustment mechanism (CBAM)

Import and Trade Remedies

To achieve this it will impose a carbon price on imported goods with the aim of levelling the playing field and ensuring that imported goods are subject to a carbon price that is comparable to that incurred by manufacturers based in the UK. The CBAM proposal forms part of the UK government’s wider strategy to tackle carbon leakage.

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Federal Highway Administration Announces Proposed Rule Ending Longstanding Buy America Waiver for Manufactured Products

Inside Government Contracts

FHWA is proposing that the definitions of component, manufactured product, and manufacturer be substantially similar to those used in the BABA implementing rule, only making minor changes to account for FHWA’s category of “excluded materials” discussed below. Comments on the RFI are open until May 13, 2024.

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Friday Flash 04/19/2024

The Coalition for Government Procurement

CISA discusses its process for determining key definitions in the rule (including approaches it considered and ultimately discarded); provides an overview of current cyber incident reporting requirements in the U.S. (as Entities that meet certain threshold criteria – regardless of size – are covered by the rule.