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  Public     In-House
Domestic preferences under federally funded procurement programs serve a variety of purposes. These include geopolitics, national security, increasing domestic employment and fostering U.S. manufacturing and promoting trade with U.S. trading partners, and maintaining the industrial mobilization base to deal with existing and emerging threats.

These rules and their statutory/regulatory exceptions are often driven by political and socio-economic issues involving far more than price or technical considerations.  Therefore, establishing an effective compliance program can be particularly daunting.  This is especially true given the increasing number of imports from China, India, and other countries in the last few years.

This seminar focuses on several key domestic source preferences and restrictions applicable to federal procurements, including the Buy American Act and Balance of Payments Program, the Trade Agreements Act, DoD’s Berry Amendment, DHS’ Kissell Amendment, and other restrictions on DoD’s acquisitions involving the use of specialty metals.  It will also address special domestic manufacturing rules applicable to small business concerns and the SBA’s Nonmanufacturers, Kit Assemblers, and Simplified Acquisitions Exceptions.  This program will include an overview of the Government’s prohibited sources rules, as well as other statutory and regulatory provisions applicable to DoD procurements, DOT procurements, and foreign assistance programs.

This seminar is tailored to the needs of both federal contractor executives, buyers and sellers, subcontract administrators, in-house counsel, as well as U.S. Government procurement officials involved in the acquisition of supplies, construction, and services.  It is designed to help you understand and navigate through the different country of origin rules imposed on contractors by Congress and procuring agencies and to develop strategies for complying with those rules. 

In particular, this course is designed to help companies answer questions like:
  •  Are the products, construction materials, or services being sold to or financed by the U.S. Government covered by a particular domestic source restriction?
  •  How is “origin” determined and how does one determine where manufacturing or “substantial transformation” takes place and the origin of components that make up an end item?
  •  Do any statutory/regulatory exceptions or waivers apply to a particular product or procurement?
  •  What are the contractor’s pre-award and post-award obligations and the risks of noncompliance with any applicable domestic preference rules?
  •  Do you need to cross-check to make sure that all statutory/regulatory exceptions apply to the products/services being provided?
If you are in business in any capacity relating to buying or selling goods or services - sales executive, marketing representative, purchasing agent, material manager, contract administrator - or if you render legal or accounting services, this course is essential.
Dates and Locations

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DAILY SCHEDULE
Day 1
9:00 AM - 4:00 PM
All Locations
 
Day 2
9:00 AM - 12:00 PM
All Locations

 

DAY 1

9:00 a.m. - 10:15 a.m.

Introduction

a) Scope of Seminar – The statutory & regulatory framework behind  domestic preferences
b) Common questions & issues
c) Adverse consequences for noncompliance

Prohibited Sources of Supply & Services

a) Economic sanctions administered by the Office of Foreign Assets Control (“OFAC”) prohibiting transactions involving certain countries, entities, and individuals
b) The Sudan Accountability and Divestment Act of 2007
c) The Iran Sanctions Act of 1996 (Iran Sanctions Act), as amended
d) Section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
e) Restrictions involving the acquisition of USML Items from  Communist Chinese Military Companies
f) Restrictions on doing business with inverted domestic corporations
g) Compliance aids

10:30 a.m. - 12:00 p.m.

The Buy American Act & Balance of Payments Program

a) Origin & purpose
b) Basic domestic preference
c) Key definitions

i) What are “domestic end products” or “domestic components” for supply contracts?
ii) DoD’s “Qualifying Country” exceptions
iii) Commercially Available Off The Shelf (“COTS”) items as “domestic end products”
iv) What are “domestic construction materials?”

d) The Buy American Act’s Two-Prong Test

i)  “Manufacturing”  vs. “assembly”
ii) Determining the end product’s component content

e) Exceptions to the Buy American Act’s domestic preference rules

i) Supplies
ii) Construction Materials

f) The Balance Of Payment Program under  FAR Subpart 25.3 & DFARS Subpart 225.75

i) Differences from & similarities to the Buy American Act
ii) Statutory & regulatory exceptions
g) Compliance aids

1:00 p.m. - 2:15 p.m.

The Trade Agreements Act

a) Origin, Purpose and Applicability
b) The World Trade Organization & its effect on the Trade Agreements Act’s domestic preference rules
c) What Is A U.S.-Made Or Designated Country End Product?

i) The Substantial Transformation Rule
ii) Similarities to & differences from the Buy American Act

d) Applicability to services

e) Statutory & regulatory exceptions
f)  Compliance aids

2:15 p.m. - 4:00 p.m.

Domestic Source Requirements For DoD & DHS Procurements For Clothing, Textiles, Hand Tools & Specialty Metals

a) DoD’s Berry Amendment

i) Origin, purpose & scope of coverage

ii) Statutory & regulatory exceptions under  DFARS 225.7002-2
iii) Domestic Non-Availability Determinations (“DNAD”)

b) Restrictions on Specialty Metals under 10 U.S.C. § 2533b & DFARS Subpart 225.7003

i) Scope & coverage
ii) Statutory & regulatory exceptions

c) DHS’ Kissell Amendment

i) Scope & coverage
ii) Statutory & regulatory exceptions


DAY 2

9:00 a.m. - 10:15 a.m.

The Small Business Administration’s Domestic Manufacturing/Production Rules

a) Domestic manufacturing/production requirements to qualify as a “small business concern”
b) SBA’s Nonmanufacturer Rule

i) Key definitions & concepts
ii) Class & individual waivers

c) SBA’s Kit Assemblers Rule
d) The Simplified Acquisition Exception

10:30 a.m. - 12:00 p.m.

Overview Of Other Domestic Preference Rules  Imposed By Authorization & Appropriation Acts & Other Statutes

a) Section 1605 --American Recovery & Reinvestment Act of 2009
b) Fiscal & other statutory restrictions applicable to DoD procurements
c) Additional domestic source restrictions under DoD construction projects
d) Introduction to the Cargo Preference Act, the Fly American Act & other transportation preferences
e) Overview of domestic preferences affecting foreign assistance -- DoD Programs (FMS & FMF Programs)
f) Synopsis of additional statutory & regulatory domestic source restrictions – similarities to & differences from the Buy American Act & Trade Agreements Acts

i) USAID & EX-Im Bank Programs
ii) US DOT Administered Programs “Buy America Act” Provisions Applicable To Federally Funded Transportation Projects

8) Concluding Remarks – “Putting The Pieces Together”

Brian A. Darst is an attorney with the firm of Odin, Feldman & Pittleman in Fairfax, Virginia, and holds the position of Counsel. He specializes in legal matters involving Government construction and service contract law and has extensive experience in the areas of contract formation and administration issues, bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, various suspension and debarment proceedings, matters related to Small Business Administration, and other issues involving the award and administration of federal and state government contracts. Mr. Darst has represented clients in various matters before the Government Accountability Office, the Postal Service, Armed Services, and General Services Administration Boards of Contract Appeals, the Court of Federal Claims, the Small Business Office of Hearing and Appeals, and various agency-level proceedings. Mr. Darst's practice includes assisting clients with matters related to the sale and acquisition of firms involved in Government contracting, software licensing issues, other corporate governance matters, and civil litigation in Virginia and District of Columbia.
 
Mr. Darst is admitted to practice in the District of Columbia, Virginia, and West Virginia. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District of Virginia and the Southern District of West Virginia.
 
Mr. Darst earned his B.A. from Marshall University and a J.D. from West Virginia University. After graduating from law school, Mr. Darst worked as an attorney with the United States Navy's Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.

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CPE HOURS
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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: 11.0 (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: 11.0 (60 minutes), 13.0 (50 minutes)
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.
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Made in America Domestic Product and Service Preferences in Federal Procurement
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