This is session 1 of 2 in the Buy American - A Deep Dive Into Domestic Preference Regulations by Agency virtual course.

In this course, we will take an in-depth look at the domestic preference requirements that apply to specific agencies. We will provide a general overview of the Buy American Act and the Trade Agreements Act, and will examine the differences between the BAA/TAA rules applicable to civilian and DOD procurements, including the specific domestic preference requirements applicable to certain categories of items procured by the DOD.  We will also take a comprehensive look at the statutes, regulations, and guidance that apply to procurements (typically by state and local transportation agencies and authorities) using grants and other funding from Department of Transportation agencies. We will also take an comprehensive look at the Build America, Buy America requirements that are applicable to a diverse array of agencies administering federally funded infrastructure projects. 

Learning Objectives:
After completing this course, you will be able to:

• Distinguish between BAA/TAA requirements for DOD procurements and civilian procurements
• Understand the Berry Amendment and “Specialty Metals” clause and determine when and how these special requirements apply to particular items
• Navigate the domestic preference requirements of Department of Transportation agencies
• Understand the difference between DOT “Buy America” statutes and the Buy American and Trade Agreements Act
• Understand the regulations implementing the DOT “Buy America” requirements and develop compliance strategies
• Work with prime/subcontractors to ensure appropriate DOT requirements are flowed down
• Prepare for domestic preference requirements in the Infrastructure Investment and Jobs Act (IIJA) and the Build America, Buy America Act (BABA)

Agenda:
A Brief Tour of the Buy American Act and Trade Agreements Act 

• The Buy American Act – How It Works and What Exceptions Apply
• The Trade Agreements Act – How it Works and What Exceptions Apply
• Differences Between Products, Services, and Construction Materials 
• Test for Domestic Products and Materials and the Special Case of COTS Items
• Definition of Manufactured/Substantially Transformed

Special Considerations for DOD Contractors

• Berry Amendment
• Specialty Metals
• Differences Under the BAA
• Differences Under the TAA

Berry Amendment

• 10 USC 2533a
• DFARS 225.7002
• “Wholly of U.S. Origin”

Specialty Metals

• 10 USC 2533b
• Specialty Metals Exceptions
• DFARS 225.7003
• Specialty Metals as Components v. End Items

DOD’s Balance of Payments Program

• What It Is and When It Applies

The BAA and DOD

• DOD Two-Part Test
• Exceptions
• “Qualifying Countries”
• Applicability to Construction Contracts

The TAA and DOD

• Applicability of TAA to DOD
• DOD Product Service Groups
• DOD TAA Exceptions

Introduction to Department of Transportation Domestic Preference Requirements

• Federal Transit Administration
  • “Manufactured Products”
  • “Rolling Stock” Procurements 
• Federal Highway Administration
• Federal Railroad Administration and Amtrak
• Federal Aviation Administration

Applicability of Buy American Act and Trade Agreements Act

• Buy American Act – Difference and Applicability
• Trade Agreements and Transportation Projects
• State and Municipal Projects

What to Know As a Prime or First or Second Tier Subcontractor/Supplier 

• When and how to flow down DOT “Buy America” provisions
• Negotiating strategies for prime and subcontractors

What to Expect – IIJA and BABA

• The Build America, Buy America Act – Applicability and Requirements
• Made in America Office (MIAO) Guidance
• Developing Agency Regulations and Enforcement of BABA Requirements

 

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