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Jennifer Bentley

Jennifer Bentley represents government contractors in a range of matters, with an emphasis on litigation, investigations, claims and disputes, and regulatory counseling. She also has deep expertise in government contracts domestic sourcing and supply chain issues, including the Buy American Act, Trade Agreements Act, Build America, Buy America, and the BIOSECURE Act.

She has represented government contractors in False Claims Act investigations, prime-subcontractor disputes in federal court, disputes before the Armed Services Board of Contract Appeals, cost accounting disputes, and bid protests at the Government Accountability Office and U.S. Court of Federal Claims. She maintains an active pro bono practice.

On February 21, 2023, the Federal Highway Administration (“FHWA”) published a Notice of Waiver for Buy America requirements related to Electric Vehicle (“EV”) Chargers, 88 Fed. Reg. 10619.  This waiver notice follows the Notice of Proposed Waiver published by FHWA on August 31, 2022.  See 87 Fed. Reg. 53539.  In response to a robust response from industry, the final waiver is narrower and more streamlined than the proposed waiver, bringing the number of phases from four to two, and simplifying the definition of an EV charger.  The waiver applies starting March 23, 2023.

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