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Managing Products and Their Components in China an...
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On-Demand Session
Managing Products, Components and People in China and other Countries of Origin Virtual - March 2022 - Session 2
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Topics
Accounting, Costs and Pricing
Advanced Topics
Artificial Intelligence
Business Development
Compliance
Construction Contracting
Cybersecurity
FAR
Government Contracting
Grants
Intellectual Property
International Contracting
Personal Development
Small & Medium Businesses
Subcontracting
Dates
November 2024
December 2024
January 2025
February 2025
March 2025
April 2025
May 2025
June 2025
July 2025
August 2025
September 2025
October 2025
Roles
Director of Contracts
New to Government Contracting
Accountant
Sales and Business Development
Contract Administrator
Counsel
Auditor
Subcontract Administrator
Contract Manager
Procurement Officer
CFO
Grants Administrator
Situations
Earn CLE/CPEs
Get Started in Government Contracting
Train My New Hires
Train My Team
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3 hours
This is session 2 of 2 in the Managing Products, Components and People in China and other Countries of Orgin virtual course.
In this course, we will take a tour through four different areas that affect contractors across a multitude of sectors. We will cover significant restrictions on the country of origin of products and components, the supply of certain products, the receipt of investments, and the use of employees from China or other countries that may prohibit you from contracting with United States government.
LEARNING OBJECTIVES:
After completing this course, you will be able to:
Navigate restrictions on dealing with Chinese entities, including the Section 889 restrictions on using any equipment, system, or service that uses “covered telecommunications equipment or services”
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
Recognize when export controls (such as the ITAR and EAR) may apply
Navigate industrial security issues, including the National Industrial Security Program Operating Manual (NISPOM)
Understand the role of the Committee on Foreign Investment in the United States (CFIUS) and applicable statutes and regulations
AGENDA:
Supply Chain Security – Section 889
FAR Part 4.21 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Definition of “Covered Telecommunications Equipment”
Representations Regarding “Covered Telecommunications Equipment and Services”
What is a “reasonable inquiry”?
Required Disclosures for Equipment and Services
FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
“Made in USA”
Federal Trade Commission Requirements
BAA and “Made in USA”
Standard for Properly Marking or Labeling an Article “Made in USA”
Consequences of Incorrectly Marking or Labeling an Article “Made in USA”
Domestic Manufacturing Requirements – Government-Funded IP
Restrictions on Products Embodying Inventions Developed with Government Funding
Domestic Manufacturing Obligation
What is “Manufactured Substantially” in the United States?
Restrictions on Contracting with Foreign Investors, Owners, and Employees
Export Controls Purpose and Scope
ITAR, EAR Jurisdiction and Licensing
Industrial Security Issues
The National Industrial Security Program Operating Manual (NISPOM)
The Committee on Foreign Investment in the United States (CFIUS) and applicable statutes and regulations
NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.
About Our Experts
Zack Hadzismajlovic
Partner, McCarter & English
Zlatko “Zack” Hadzismajlovic is a partner at McCarter & English. Zack’s practice focuses on international trade, export controls and customs matters as well as global mobility issues. Zack represents clients in a wide spectrum of controlled defense, dual-use (ITAR, EAR, OFAC) and purely commercial trade matters. In addition, Zack counsels client in navigating deals through the newly reformed review and submission requirements related to foreign direct investments (CFIUS, FOCI, BEA) as well as in the pre-transaction planning and diligence and post-transaction implementation of mitigation instruments.
JD, New York School of Law
BA, Hunter College
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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