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3 hours
This is session 2 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
  • 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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