President Donald Trump recently signed Executive Order No. 13858, entitled Strengthening Buy-American Preferences for Infrastructure Projects. It is intended to encourage companies that receive federal financial assistance for infrastructure projects to use certain products manufactured in the United States. This Order expands the types of projects previously covered to now include many energy projects, and greatly increases the types of American products that contractors are encouraged to incorporate.
The Order, signed on January 31, 2019, directs the heads of departments administering “covered programs” to encourage recipients of new federal awards to use iron, aluminum, steel, cement, and other products produced in the United States. “Covered programs” are those involving construction, improvement and maintenance of infrastructure projects.
Department heads must submit a report to the Assistant to the President for Trade and Manufacturing Policy, that (i) provides an explanation of the plan that they’ve developed to encourage the use of products manufactured in the United States, and (ii) identifies any techniques that could be used to maximize the use of products manufactured in the United States.
The executive order directs agency and department heads to encourage awardees to use a broader range of U.S.-manufactured products. Buy American laws already apply to surface transportation and drinking water infrastructure projects. However, in addition, the executive order defines infrastructure projects to include those involving aviation; ports; water resources projects; energy production, generation, and storage; electricity transmission; gas, oil, and propane storage and transmission; electric, oil, natural gas, and propane distribution systems; broadband internet; pipelines; stormwater and sewer infrastructure; and cybersecurity.
The executive order also broadens the types of U.S.-manufactured goods that awardees will be encouraged to use to include aluminum; plastics; pvc pipe; concrete; glass and optical fiber; and lumber. Previously, Buy American regulations often have been limited to iron and steel products and materials.
Ambika is an experienced litigator who represents and counsels clients on a broad range of matters, including government contracts, business torts, employment matters, and commercial contract disputes.
Ambika has represented ...
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Liz combines enthusiasm and diligence to help her clients resolve complex disputes. Whether the dispute is a construction claim, a breach of contract, or a business tort, Liz brings focus and determination to every case. Liz has ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Have Force Majeure Defenses Based on COVID-19 Been Successful This Year?
- Kelly Bundy and Liz Burneson Publish Article on Joint Employer Status in Construction Executive
- Kelly Bundy Authors Article for ABA Construction Law Forum’s “Under Construction” Series
- Miller Act Notice More Than 90 Days Before A Subcontractor’s Final Day of Work Held Untimely
- Virginia Supreme Court Allows Sub-Sub Material Supplier To Recover Directly From General Contractor For Unpaid Material
- New Virginia Law Can Make General Contractors Liable for Subcontractors' Employee Wages
- OSHA Changes Course on COVID-19 Record-Keeping Requirements
- New OSHA Guidance Suspends Enforcement of Record-Keeping Requirements for COVID-19 Cases in Most Industries
- What the Virginia Temporary Stay at Home Order Means for Your Business
- Ten Tips For Addressing Coronavirus Concerns In Your Workplace
- COVID-19, Coronavirus Outbreak
- Occupational Safety and Health Act (OSHA)
- Little Miller Act
- Miller Act
- Dispute Resolution
- Force Majeure
- Government Contracts
- Workforce Development
- Mechanic's Liens
- Department of Professional and Occupational Regulation (DPOR)
- Department of Labor (DOL)
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- November 2019
- August 2019
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016