In a new blog post, Covington & Burling evaluate the likely impact of the government’s increased focus on domestic preference requirements. They cite examples of the White House’s formal policy and action plan for agencies to “scrupulously monitor, enforce, and comply” with so-called “Buy American Laws,” and Congress’s proposed legislation to make certain Buy American requirements more robust. Contractors should not be surprised if there is a corresponding increase in related False Claims Act activity. Notwithstanding that increased scrutiny, based on a review of recent FCA decisions, they have found that courts generally have been skeptical of attempts by relators to allege FCA liability regarding a purported Buy American Act or Trade Agreements Act violation.

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