The "data rights" clauses in the FAR and DFARS are some of the longest and least understood contract provisions. But if one steps back from the length of the data rights clauses and instead views them with some very simple, common-sense concepts in mind, the clauses become surprisingly easy to understand and to apply. Learning Objectives: By the end of this webinar, you should be able to:  understand the basic principles of rights in technical data and the common misunderstandings about who owns the rights in the data;  determine whether the data rights clauses require delivery;  when development occurs- better understand-what is private expense; who gets rights in government-funded modifications, how to alert the government to your rights and to correctly mark your data;  understand how to keep your engineers from inadvertently giving up your data rights.

If you thought there were misconceptions about rights in technical data, be assured there is even greater confusion about rights in noncommercial and commercial computer software. In this Webinar, W Jay DeVecchio and Locke Bell will address the fundamental aspects of the software clauses and point out the commonalities and the differences between those clauses and the technical data provisions. Learning Objectives: By the end of this webinar, you should understand:  the definitions of when development occurs, how one has to mark software (including software within a silicon chip), the notable absence at DOD of any clause for commercial computer software and the corresponding use under the FAR of a peculiar commercial clause.  the proper contents of software license agreements  how one prices commercial software, and how uniquely-governmental software can be or become commercial.

This webinar, led by Locke Bell of Morrison & Foerster LLP, will explore the consequences of developing inventions using federal government funding and developing IP under non-procurement vehicles such as grants, cooperative agreements, and other transactions, answering the questions who owns the IP and what rights does the government obtain. Learning Objectives: By the end of this webinar, you should be able to:  understand the process for reporting inventions to the government and patenting those inventions, and the consequences of not following the rules for doing so.  appreciate the unique IP considerations related to special types of government agreements - grants, cooperative agreements, and other transaction agreements.

In this webinar, students will be introduced to the Buy American Act and the clauses and regulations implementing the BAA. We will discuss the basic requirements of the BAA, and will learn what exceptions to the Buy American Act requirements may apply and when. We will also explore the nuances of the BAA in how it applies domestic preference to "end products" and "construction materials," and what it means for such items to be "manufactured" in the United States for purposes of Buy American compliance. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Buy American Act  Understand the Buy American regulations and clauses as they apply to end products, constructions materials, and components  Recognize exceptions to the Buy American Act requirements and when they apply  Put products and construction materials to the test for the BAA

In this webinar, we will introduce the Trade Agreements Act and explore when and how it applies, with a particular focus on how it interacts with the Buy American Act. We will explore how to identify situations where an exception to the TAA may apply, and how to navigate those situations. We will also discuss "substantial transformation" under the TAA, how it differs from "manufacturing" under the BAA, and what those differences mean for compliance with the applicable TAA regulations and contract clauses. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Trade Agreements Act  Understand when the Buy American Act and when the Trade Agreements Act applies  Understand the Trade Agreements Act regulations and clauses as they apply to end products, constructions materials, and services  Recognize exceptions to the Trade Agreements Act requirements and when they apply  Put products and construction materials to the test for the TAA

In this course, we will take a tour through the domestic preference requirements that apply to Department of Defense procurements. We will examine the differences (or no) between the Buy American Act/Trade Agreements Act rules applicable to civilian and DOD procurements, and examine the specific domestic preference requirements applicable to certain categories of items procured by the DOD. LEARNING OBJECTIVES: After completing this course, you will be able to:  Distinguish between domestic preference requirements for DOD procurements and civilian procurements  Understand the Berry Amendment  Understand the "Specialty Metals" clause and determine when and how it applies to a particular item  Know how DOD applies the Buy American and Trade Agreements Act to DOD procurements

In this final webinar, we will explore the rapidly changing domestic preference landscape. We will provide an overview of domestic preference enforcement activity, and will review recent developments and forecast upcoming changes to the laws and regulations that dictate the application of domestic preference in Government procurement. In particular, we will explore the recent Infrastructure Investment and Jobs Act (IIJA) and the Build America, Buy America Act (BABA), which add more stringent Buy America rules to all federally funded infrastructure and public works projects. LEARNING OBJECTIVES: After completing this course, you will be able to:  Anticipate the evolution of domestic preference requirements in Federal procurement  Prepare for new and increased Buy American enforcement activity  Know the requirements of the Build America, Buy America (BABA) Act and when they apply  Understand how to navigate agency application (and waiver) of BABA requirements to Federal financial assistance programs for infrastructure