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Overview
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 a comprehensive look at the Build America, Buy America requirements that apply to various 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)
Dates/Locations
July 24, 2024
The Westin Hilton Head Island
Hilton Head Island, SC
Travel Info
Request Group Quote
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 651.666.2030.
Submit
Thank You
You will be contacted shortly.
September 9, 2024
Planet Hollywood Resort
Las Vegas, NV, United States
Travel Info
Request Group Quote
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 651.666.2030.
Submit
Thank You
You will be contacted shortly.
Agenda
8:00 AM - 3:00 PM
Hilton Head, SC
8:00 AM - 3:00 PM
Las Vegas, NV
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
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 req...
    See Full Bio
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 6.0 (CPE) hours of credit
Program Level: N/A
Program Prerequisite: n/a
Advance Preparation: n/a
Method: n/a
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 6.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 5.5 (60 minutes), (50 minutes)
Travel
Planet Hollywood Resort
3667 Las Vegas Blvd South
Las Vegas, NV, 89109
8669197472
Hotel & Room Block Info

There is a room block for this location. The rate is $99/night plus taxes. To reserve your room, click here. Reservations must be made by August 6, 2024.

Please note that upon booking your reservation, your credit card will be charged a deposit equal to the first night's room and tax. To avoid forfeiture of deposit, please ensure all changes and cancellations are made at least 72 hours prior to the scheduled arrival date.

General Information

Food & Beverage
Continental breakfast and lunch will be served.

The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC, 29928
8436814000
Hotel & Room Block Info

The room block rate for The Westin Hilton Head Island is SOLD OUT.  

The preferred hotel for you to make your room reservation at is:

COURTYARD HILTON HEAD SOUTH
79 Pope Avenue
Hilton Head Island, South Carolina 29928
Ph: 843.802.2180
courtyard.com

Making your reservation directly with the hotel - either by phone or online - will give you the best rate. This hotel is about 3.3 miles from The Westin and has a rooftop bar and pool.

If the Marriott Courtyard is no longer available, please refer to the following list of nearby hotels on the island:

NOTE: Federal Publications Seminars does not provide shuttle transportation to/from the host hotel (The Westin) from overflow hotels.

Government Per Diem

Government Per Diem rates are now sold out.

General Information

Food & Beverage
Continental breakfast and lunch will be served.

Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.