Understand when the Buy American Act applies and whether a product is Buy American Act compliant.
The federal government is the largest single purchaser of goods and services in the world. When the government is purchasing goods and services, the Buy American Act requires the government to purchase domestic goods and construction materials unless an exception applies or a waiver is granted. Determining whether a product is domestic can be complex, and the recent amendments to the FAR Buy American regulation and the new Executive Order on Ensuring the Future is Made in All of America by All American Workers have added to the complexity. This material will provide information on when the Buy American Act applies, the tests for determining whether a product is Buy American Act compliant, the exceptions to the applicability of the Buy American Act, the applicability of the Trade Agreements Act, the consequences of not complying with the Buy American Act, and some best practices for ensuring compliance.
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Agenda
History and Purpose of the Buy American Act
Applicability
- Purchases Made by the Federal Government
- Dollar Thresholds
- Difference Between the Buy American Act and the Buy America Statutes and Regulations
Regulations and Clauses
- FAR Subpart 25.1 - Supplies
- FAR Subpart 25.2 - Construction Materials
- Applicable FAR Clauses
Key Definitions
- End Product
- Construction Material
- Components
- Predominantly Made of Iron or Steel
Buy American Act Test
- Items Not Predominantly Made of Iron and Steel
- Manufacturing Test
- Component Test: COTS Waiver
- Items Predominantly Made of Iron and Steel
- Manufacturing Test
- Domestic Content
- Public Interest
- Nonavailability
- Unreasonable Cost
- Requesting Waivers
Waivers and Exceptions
Trade Agreement Act
- When Applicable
- Free Trade Agreements
- Dollar Thresholds
- Designated Countries
- Substantial Transformation Test
Biden Executive Order on Ensuring the Future Is Made in All of America by All of America's Workers
Consequences of Noncompliance
- Replacement of Goods/Construction Materials
- Termination for Default
- False Claims Act Liability
- Best Practices to Ensure Compliance
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 24, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Lori Ann Lange
Peckar & Abramson, P.C.
- Partner and co-chair of Peckar & Abramson, P.C.’s Government Contracting & Infra-structure Practice, leading the firm’s federal government contracting practice group
- More than 25 years of experience in government contracts law
- Recognized as one of the leading government contracts attorneys in the United States by Best Lawyers in America
- Specializes in government contract law, bid protests, and corporate compliance coun-seling, and represents a range of government contractors, including construction con-tractors, defense contractors, and service contractors
- Written and lectured on significant issues facing government contractors, including the Buy American Act, the False Claims Act, prevailing wages, and small business subcontracting
- J.D. degree, The George Washington University Law School; B.A. degree, The George Washington University
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