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Overview
President Biden continues to ramp up his rhetoric in speeches and Executive Orders threatening to dramatically change the way in which the federal government and transit authorities funded by the U.S. Government buy goods, equipment, and services and build projects.  

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. 

During this new course, we will explore the multiplicity of, and distinctions among, “Buy American” and “Buy America” statutes, regulations, and policies, beginning with President Biden’s recent Executive Order: Ensuring the Future is Made in All of America by All of America’s Workers. For a detailed agenda, see below.
 
THIS COURSE IS VITAL FOR:
  • All companies using foreign materials, components, or making products and construction materials outside the U.S. which do business or are interested in doing business with U.S. public entities.
  • 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.

LEARNING OBJECTIVES
After completing this course, you will be able to:
  • Understand the impact of the recent Biden Executive Order
  • Understand regulatory changes made by the Trump Administration
  • Navigate the Section 889 restrictions on using any equipment, system, or service that uses “covered telecommunications equipment or services”
  • Understand the distinctions and differences between the Buy American Act and the Transportation-related Buy America statutes
  • Understand when the Buy American Act and when the Trade Agreement Act applies
  • Put products to the test for the TAA and the BAA
  • Distinguish between domestic preference requirements for DoD procurements and civilian procurements
  • Know the difference between requirements under prime contracts and subcontracts
  • Know when you can say a product is “Made in America”
  • Know what domestic manufacturing requirements attach to products embodying IP paid for by the Government
  • Mitigate risks in the purchasing cycle
Dates/Locations
No upcoming dates/locations at this time
Agenda
Day 1
8:00 AM - 3:00 PM
Las Vegas September Weeklong Conference
 
Day 2
8:00 AM - 11:00 AM
Las Vegas September Weeklong Conference
Day 1
A Tour of Domestic Preference Statutes, Regs and Executive Orders that Affect Government Contracting 
  • The Biden Executive Order
  • Regulatory Changes Made By the Trump Administration
  • Section 889
  • The Federal Railroad Administration High Speed Rail Program Buy America Act
  • The Federal Aviation Administration Buy America Act
  • The Federal Highway Administration Buy America Act
  • The Federal Transit Administration Buy America Act
  • The Buy American Act
  • The Trade Agreements Act
The Buy American Act – How it Works and What Exceptions Apply
  • Purpose
  • Applicability
  • Regulations and Clauses
  • Public Interest Exception
  • Unavailability Exception
  • Unreasonable Cost Exception
  • Commercial Item Information Technology
  • Test for Domestic Products and Materials and the Special Case of COTS Items
  • Definition of Manufactured
  • So What Happens if Your Product is Not Domestic?
The Trade Agreements Act – How it Works and What Exceptions Apply 
  • Trade Agreements covered by the TAA and Dollar Threshold
  • Excepted Programs 
  • The Test for Eligible End Products
  • The Test for Manufactured – and How it Differs from BAA
  • Services, Evolving Technologies, Software and Cloud Computing
Special Considerations for DoD Contractors 
  • Berry Amendment
  • Specialty Metals
  • Balance of Payments Program
  • Differences (or No) under the BAA
  • Differences under the TAA
Day 2 (Morning)
Are Subcontractors Subject to BAA and TAA? 
  • When and how to flow down BAA and TAA provisions
  • How to fight back unnecessary flow-downs if you are a Subcontractor
“Made in America” Designations and Labels 
  • The Federal Trade Commission Test
  • Remedies and Penalties for Non-Compliance
Domestic Manufacturing Requirements for Inventions Funding by the Federal Government
  • Bayh-Dole Act Domestic Manufacturing Requirements for Licensees
  • DOE and NASA Additional Requirements
  • What about OTAs?
  • The Test for Manufactured Substantially in the United States
Review and Q&A
Experts
  • Dan Kelly
    Partner, McCarter & English
    Dan Kelly is a partner at McCarter & English. He brings over 30 years of experience to the firm’s government contracts group, combining both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan’s practice extends to a broad spect...
    See Full Bio
  • Cara Wulf
    Partner, McCarter & English
    Cara Wulf is a partner in the Government Contracts & Global Trade practice group at McCarter & English. She focuses her practice on government contracts and regulations. She has extensive experience counseling clients regarding compliance with federal, state, and local public procurement req...
    See Full Bio
Accreditation
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.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and 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 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.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 9.5 (CPE) hours of credit
Program Level: Intermediate
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live Classroom
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), (50 minutes)
Travel
No travel information is available at this time
Level
  • 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.