Buy America(n)- A Deep Dive Into Domestic Preference Regulations by Agency

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 30, 2025

The Westin Hilton Head Island

Hilton Head Island, SC, United States

Travel Info

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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

The Westin Hilton Head Island

2 Grasslawn Avenue

Hilton Head Island, SC, 29928

8886278551

Hotel & Room Block Info

There is a room block for this location. The rate is $398/night plus taxes and resort fees. To reserve your room, click here - Federal Publications Government Contract Training 2025 Attendee Room Block. Reservations must be made by June 27, 2025.

Government Per Diem

There is a limited amount of per diem rate rooms for this location. The rate is $215/night plus taxes and resort fees. To reserve your room, click here - Federal Publications Government Contract Training 2025 Per Diem Room Block. Reservations must be made by June 27, 2025.

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.