Exceptions to the Buy American Act and inconsistent executive branch application of the Buy American Act give foreign firms the chance to obtain procurement contracts.  If you are a manufacturer that seeks government contracts, you need to know what these exceptions are and how to ensure federal agencies are appropriately applying the rules on the books.  McCarthy Consulting specializes in the Buy American Act, helping clients influence how the executive branch applies the law and work with Congress and the Trump Administration to reform policies to support Made in America manufacturing.  The firm has a specific expertise in helping American businesses in the marine equipment, vessel components, and shipyard infrastructure sectors navigate Buy American Act issues.  

How do foreign businesses access U.S. government procurement contracts, and how can McCarthy Consulting help U.S. government contractors?  

First, agencies may simply misapply the laws, leaving companies inappropriately exposed to foreign competitors.   

• McCarthy Consulting knows when the Buy American Act should apply and knows how to correct mistakes during the contract bidding process to help clients win contracts. 

Second, our trade agreements waive the Buy American Act for companies in countries that have signed trade agreements.  But, these agreements do not waive the Buy American Act for all categories of procurement.  Some categories are excluded from the trade agreements, meaning the Buy American Act still applies in these cases.  Federal agencies have discretion in how they categorize procurement, and these decisions have significant implications for whether trade agreements waive the Buy American Act.  Maritime and shipbuilding businesses are uniquely impacted by this dynamic. 

• McCarthy Consulting helps clients understand which countries signed our trade agreements and which categories of procurement are exempt, and then ensures federal agencies are appropriately applying this rule.   Also, Congress and the Trump Administration can change these agreements to support the Buy American Act, and McCarthy Consulting develops advocacy campaigns to make that happen. 

Third, the Department of Defense (DoD) negotiates agreements with countries to exempt DoD procurement from the Buy American Act for companies operating in the nation that signed the agreement.  DoD has agreements with 28 nations, including Spain, Italy, Germany, Canada, and the U.K., on the books and sought additional agreements with India, Brazil, and Korea.  A recent GAO investigation concluded that DoD process for negotiating these agreements was deeply flawed.   

• Congress and the Trump Administration can reform these agreements, and McCarthy Consulting develops a strategy for American businesses to influence elected officials and the Administration to reform these agreements.  

Utilizing Dan McCarthy’s years of experience working for a Senator who championed Buy American Act legislation, and for the agency (USTR) that negotiates trade agreement procurement exceptions to the Buy American Act, McCarthy Consulting has the unique expertise, knowledge, and contacts to help American businesses win federal contracts today and reform policies to help them win contracts in the long-run.