Description
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.
Date: 2021-05-24 Start Time: End Time:
Learning Objectives
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
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Lori Ann Lange-Peckar & Abramson, P.C.
