During the Hilton Head Government Contracts Week 2024, Cara Wulf takes an in-depth look at the domestic preference requirements that apply to specific agencies. She provides a general overview of the Buy American Act and the Trade Agreements Act, and examines 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. She also takes 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:
- 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)