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Public
In-House
New! The Buy America/American Act Workshop is a comprehensive course covering the panoply of restrictions on the supply of foreign products to the U.S. government.

WHAT YOU WILL LEARN
This new program will explore the multiplicity of, and distinctions among, “Buy American” and “Buy America” statutes, regulations and policies, beginning with President Trump’s recent Executive Order: Buy American and Hire American.  The course is essential for any companies in the federal government supply chain whose products are manufactured or assembled abroad and/or whose products contain key components manufactured by or purchased from foreign affiliates, subcontractors and vendors.


With over 35 years of combined experience, the instructors are prepared to walk you through the often confusing and seemingly contradictory requirements.  As many of the Buy American regulations require certifications, it is essential that a contractor under its obligations or risk ineligibility determinations, default, suspension and False Claims Act liability.  Special attention will be paid to different ground rules applicable to DoD contractors and their subcontractors.

WHO SHOULD ATTEND
Anyone looking to understand current domestic preference restrictions in federal contracting.  All levels of experience are welcome to participate – whether you are looking for a refresher or just now exploring the federal market place.
Dates and Locations
September 19-20, 2017
Waterview Conference Center at CEB
Arlington, VA
$1275
REGISTER
DAILY SCHEDULE
Day 1
9:00 AM - 4:00 PM

I. A Tour of Buy America Statutes, Regs and Executive Orders that Affect Government Contracting
  a.  April 18, 2017 Executive Order
  b.  The Buy American Act
  c.  The Trade Agreements Act
  d.  The Federal Railroad Administration High Speed Rail Program Buy America Act
  e.  The Federal Aviation Administration Buy America Act
  f.  The Federal Highway Administration Buy America Act
  g.  The Federal Transit Administration Buy America Act
  h.  Yes there are others but we do not have time!

II.  The Buy American Act – How it Works and What Exceptions Apply
  a.  Purpose
  b.  Applicability
  c.  Regulations and Clauses
  d.  Pubic Interest Exception
  e.  Unavailability Exception
  f.  Unreasonable Cost Exception
 g.  Test for Domestic Products and Materials and Definition of Manufactured
 h.  So What Happens if Your Product is Not Domestic?

III. The Trade Agreements Act – How it Works and What Exceptions Apply
  a.  Trade Agreements covered by the TAA and Dollar Thresholds
  b.  Excepted Programs
  c.  The Test for Eligible End Products
  d.  The Test for Manufactured – and How it Differs from BAA

 
Day 2
9:00 AM - 12:00 PM

IV. Special Considerations for DoD Contractors
  a.  Berry Amendment
  b.  Specialty Metals
  c.  Balance of Payments Program
  c.  Differences (or No) under the BAA
  d.  Differences under the TAA

V.  Are Subcontractors Subject to BAA and TAA?
  a.  When and how to flow down BAA and TAA provisions
  b.  How to fight back unnecessary flow-downs if you are a Subcontractor

VI.  Review and Q&A

Dan Kelly
Dan Kelly is a partner at McCarter English, LLP

Mr. Kelly’s practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Mr. Kelly has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. Mr. Kelly’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services including, Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers for federal and state-sponsored hurricane relief efforts; raw materials and component suppliers to large military prime contractors; and biomedical and pharma research facilities working under SBIRs, CRADAs, and grants for health agencies.  Mr. Kelly serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
 
Lillian Mezynski
Ms. Mezynski is a partner at McCarter English, LLP

Ms. Mezynski counsels clients regarding compliance with federal, state, and local public procurement requirements. She also assists in litigation involving bid protests before federal agencies and the U.S. Government Accountability Office (GAO).  Prior to joining McCarter, Ms. Mezynski worked for a major defense prime contractor through which she gained experience with complex government regulations, including the FAR and DFARS. Lillian also has experience with cybersecurity regulations, the implementation of business ethics compliance programs, intellectual property (IP) and data rights issues, commercial item contracting, small, minority-owned, and women-owned business programs, including SBIR and STTR programs, and negotiating prime contract and subcontract terms and conditions.
MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
NCMA: CONTRACT MANAGER CERTIFICATION
All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
CPE HOURS
This Program is eligible for: 8.0 (CPE) hours of credit
Program Level: na
Program Prerequisite: na
Advance Preparation: na
Method: na
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 8.0 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 8.25 (60 minutes),
Waterview Conference Center at CEB
1919 North Lynn Street, 24th Floor
24th Floor
Arlington, VA 22209
5713033032
TRAVEL INFORMATION
METRO RAIL LINE:
Yellow & Silver Line – METRO Stop – Rossyln
From the METRO - 1 Block East and 2 Blocks North on Lynn Street (Deloitte & CEB Offices)

There is no room block for this location.  Suggested nearby hotels include:

Hyatt Arlington (0.2 mi SW)
1325 Wilson Blvd, Rosslyn, VA
703-525-1234

Le Meridien Arlington (156 ft. SE)
1121 19th St. N., Arlingotn, VA
703-351-9170

Holiday Inn (0.1 mi W)
1900 North Fort Myer Drive, Arlington, VA
703-807-2000

Marriott Key Bridge (0.2 mi NW)
1401 Lee Highway, Arlington, VA
703-243-1093
100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
Register Now for:
The Buy America/American Act Workshop
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Date Location
September 19-20, 2017 Arlington, VA
REGISTER
By Phone
Call (888) 494-3696