A Guide to the Buy American and Trade Agreements Act Virtual - February 2022

3 hours

This is session 1 of 2 in the A Guide to the Buy American and Trade Agreements Act virtual course.

During this course, we will introduce students to the multiplicity of, and distinctions among, “Buy American” and other domestic preference statutes, regulations, and policies, for example President Biden’s Executive Order on Ensuring the Future is Made in All of America by All of America’s Workers. We will cover the basics of the Buy American Act, Trade Agreements Act, and implementing regulations, as well as discuss practical considerations for working with the BAA/TAA requirements.

LEARNING OBJECTIVES:
After completing this course, you will be able to:

Understand the impact of the Presidential Executive Orders
Understand proposed and final regulatory changes made by recent administrations
Understand when the Buy American Act and when the Trade Agreement Act applies
Put end products, services, and construction materials to the test for the BAA and the TAA
Know the difference between requirements under prime contracts and subcontracts
Mitigate risks in the purchasing cycle

AGENDA:
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
The Buy American Act
The Trade Agreements Act

The Buy American Act – How it Works and What Exceptions Apply

Purpose
Applicability
Regulations and Clauses Applicable to End Products and Construction Materials
Differences Between Products and Construction Materials
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 Thresholds
Regulations and Clauses Applicable to End Products, Services, and Construction Materials
Differences Between End Products and Construction Materials
Excepted Programs
The Test for Eligible End Products
The Test for Substantially Transformed – and How it Differs from BAA
Services, Evolving Technologies, Software and Cloud Computing

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

NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.

About Our 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 spectrum of industries and federal and state authorities for whom they supply research, products, and services, including emerging and established businesses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies.

Dan serves on the Board of Directors for the Boston Chapter of the National Contract Management Association (NCMA) and as vice president for the New England Chapter of the National Defense Industrial Association (NDIA), and is a frequent speaker Dan is a frequent lecturer for Federal Publications on U.S. domestic preference statutes, regulations and executive orders as they apply to the U.S. Government supply chain.

JD, George Washington University Law School, with honors
BA, College of the Holy Cross, magna cum laude, with honors
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 requirements. She also assists in litigation involving bid protests, claims, and other disputes before federal agencies, courts and the U.S. Government Accountability Office (GAO). Cara is a frequent lecturer for Federal Publications on U.S. domestic preference statutes, regulations and executive orders as they apply to the U.S. Government supply chain.

MBA, Babson College
JD, University of Michigan Law School
BA, University of Michigan

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Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.

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