Navigating the Buy American Act, Trade Agreements Act and Other Domestic Preference Restrictions

Many contractors are familiar with the long-standing restrictions on the procurement of foreign-origin supplies and materials. These restriction are often exemplified by the Buy American Act (“BAA”), one of several statutory restrictions forming the basis for preferential treatment for suppliers of U.S. products and services, or the preferential treatment for our trade partners exemplified by the Trade Agreements Act (“TAA”). While the BAA and TAA may be familiar to contractors, less well known are the domestic preference restrictions that apply to federal grant funds and loans administered by the Department of Defense (“DoD”), the U.S. Agency for International Development (“USAID”), and other federal agencies.

Federal grants and procurements provide good business opportunities for contractors, but they can also present challenges in terms of navigating and complying with a myriad of domestic preference regimes, each one with its own method for determining country of origin for a product or service, and with respect to how foreign content is evaluated. Even for the savviest contractor, figuring out which regime applies and understanding the subtle differences between each of these statutory restrictions (and their implementing regulations) is a complicated and difficult task.

This 90-minute webinar will provide an overview of the key domestic preference regimes, including the BAA and the TAA, as well as practical tips for ensuring compliance, given the realities and global-sourcing pressures of the commercial marketplace.

Click here to download presentation materials [PDF].