‘Buy American’ Drug Decision Opens Door to Foreign Supplies
A wide range of federal contractors stand to benefit from a new Federal Circuit ruling on the origins of a hepatitis drug, which could allow them to rely more on foreign-made parts or components while still satisfying “Buy American” restrictions.
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The decision raises a whole host of questions for contractors, said Merle M. DeLancey Jr. of Blank Rome LLP in Washington.
Pharmaceutical companies need guidance from the VA because, under the new ruling, some drugs that were previously certified as TAA-compliant are no longer compliant, and some drugs that weren’t compliant are now compliant, he said.
Those companies should be very careful about their existing and future certifications, he said.
"‘Buy American’ Drug Decision Opens Door to Foreign Supplies," by Daniel Seiden was published in Bloomberg Law on February 18, 2020.