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Virtual Series
Buy America(n)- A Deep Dive Into Domestic Preference Regulations by Agency Virtual - May 2025
A review of requirements applicable to DOD, DOT, and federally funded infrastructure projects. 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.
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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
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Subcontract Administrator
Contract Manager
Procurement Officer
CFO
Grants Administrator
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$2,195 / year / person
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Unless specified otherwise, each day of this Virtual Course will include a lunch break from 1:00 to 2:00 p.m. ET.
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
This live virtual course is eligible for both CLE and CPE credit.
Have questions on how to participate in an FPS Virtual Course?
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Upcoming Sessions
Buy America(n) - A Deep Dive Into Domestic Preference Regulations by Agency - Live Virtual Course May 2025
May 1, 2025 10 AM-5 PM EDT
Lunch Break will be from 1pm - 2pm ET 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...
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