President Biden continues to ramp up his rhetoric in speeches and Executive Orders threatening to dramatically change the way in which the federal government and transit authorities funded by the U.S. Government buy goods, equipment, and services and build projects.  

During this new course, we will explore the multiplicity of, and distinctions among, “Buy American” and “Buy America” statutes, regulations, and policies, beginning with President Biden’s recent Executive Order: Ensuring the Future is Made in All of America by All of America’s Workers. The Buy America/American Act Workshop is a comprehensive course covering the panoply of restrictions on the supply of foreign products to the U.S. government. 
 

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THIS COURSE IS VITAL FOR:

• All companies using foreign materials, components, or making products and construction materials outside the U.S. which do business or are interested in doing business with U.S. public entities.
• Any companies in the federal government supply chain whose products are manufactured or assembled abroad, and/or whose products contain key components manufactured by or purchased from foreign affiliates, subcontractors, and vendors.

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With over 35 years of combined experience, the instructors are prepared to walk you through the often confusing and seemingly contradictory requirements:

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.



Cara Wulf, Associate, McCarter & English
Cara Wulf is an associate 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.
 

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LEARNING OBJECTIVES
After completing this course, you will be able to:

• Understand the impact of the recent Biden Executive Order
• Understand regulatory changes made by the Trump Administration
• Navigate the Section 889 restrictions on using any equipment, system, or service that uses “covered telecommunications equipment or services”
• Understand the distinctions and differences between the Buy American Act and the Transportation-related Buy America statutes
• Understand when the Buy American Act and when the Trade Agreement Act applies
• Put products to the test for the TAA and the BAA
• Distinguish between domestic preference requirements for DoD procurements and civilian procurements
• Know the difference between requirements under prime contracts and subcontracts
• 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
• Mitigate risks in the purchasing cycle