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The Trade Agreements Act (TAA) is one of the most complex and highest risk areas in federal contracting—a fact that was recently illustrated when GSA sent thousands of notices to GSA Schedule Contractors warning them of the increased scrutiny being given to TAA compliance. This increased scrutiny by GSA, as well as recent False Claims Act cases and settlements involving the TAA, highlight the need for government contractors to ensure that they understand and comply with their obligations under the TAA.

This webinar will provide an in-depth analysis of the key issues that contractors should know about the TAA, including: 
  • The applicability of the TAA, including the interplay between the TAA and other restrictions on foreign purchases, including the Buy American Act (BAA). 
  • The standards for determining country of origin under the TAA and BAA, including the differing country of origin standards applied to products and services. 
  • Analysis of recent trends and notable Customs decisions regarding “substantial transformation” of different types of products, including software and other IT products. 
  • Discussion of recent enforcement activities and notable court decisions. 
  • Suggested best practices for ensuring TAA compliance. 
This program is not available for CLE, CPE, CLP or other credits as a live program. 
About Our Presenter ...
Photo of Kevin J. MaynardKevin Maynard, Partner
Wiley Rein LLP

Kevin represents clients on all aspects of federal, state, and local procurement matters, including contract claims and disputes, bid protests, government investigations and audits, civil false claims act actions, and compliance issues.

Representative Experience
  • Regularly represents clients in bid protests at the Government Accountability Office (GAO), the U.S. Court of Federal Claims, as well as state courts.  
  • Assists clients in analyzing, preparing, submitting, and negotiating certified claims, requests for equitable adjustment, as well as termination settlement proposals, including successful resolution of certified claims valued at more than $200 million under major IT outsourcing contract. 
  • Has represented clients in proceedings before the Boards of Contracts Appeals, including successful appeal of Contracting Officer's denial of claim for price adjustment and successful resolution of claims relating to termination of IT services contract, through alternative dispute resolution (ADR).
  • Extensive experience with government and internal investigations, contractor disclosures, compliance reviews, subpoena responses, False Claims Act litigation and investigations, and suspension and debarment matters.
  • Particular experience on issues relating to the government's acquisition of commercial products and services under Federal Acquisition Regulation (FAR) Part 12, as well as a variety of issues relating to General Services Administration (GSA) Schedule contracts, including commercial sales practices (CSP) disclosures, price reductions, audits, Contractor Assistance Visits, and other Schedule contracting issues.
  • Assists clients in crafting and negotiating a wide variety of complex business agreements ranging from contract restructurings, subcontracts, licenses, and other proprietary information agreements, strategic alliances, and teaming agreements. Also advises clients on government contracts issues relating to mergers and acquisitions, such as conducting due diligence and responding to Committee on Foreign Investment in the United States (CFIUS) reviews.
  • Regularly counsels clients on a variety of government contracts issues, including data rights and other intellectual property issues; country of origin issues under the Buy American Act (BAA) and the Trade Agreements Act (TAA); small business subcontracting and socioeconomic obligations; the Service Contract Act (SCA) and related compliance issues; and protection of proprietary and confidential information from release under the Freedom of Information Act (FOIA).
J.D., with high honors, The George Washington University Law School; Order of the coif
B.A., Cornell University
About Our Presenter ...
Photo of Tara L. WardTara Ward, Associate
Wiley Rein LLP

Tara counsels and represents government contractors and subcontractors on a broad range of government contracting issues, including bid protests, contract claims and disputes, cost allowability issues, multiple award schedule contracting, subcontracting issues, and compliance with government investigations, audits, and ethics and procurement integrity laws.