Thompson Government Contracting

Made in America? Country of Origin Requirements in Federal Government Contracts

Wednesday, March 22, 2017 • 1:00 pm ET/12:00 pm CT/11:00 am MT/10:00 am PT
1.5 CPE credits

Webinar Details

Subject: Federal Contracting

Prerequisites: None

Recommended Field of Study: Specialized Knowledge and Applications

Program Knowledge Level: Basic

Advanced Preparation: None

The federal government has a long-standing preference for awarding procurement contract dollars to domestic companies. Now, with President Trump making no secret of his commitment to putting America first, enforcing domestic preference laws could be a high priority for the new administration—and contractors could face new challenges in staying competitive and compliant.

Construction contractors must take special care not to buy or use non-products or materials, including iron, steel and manufactured goods. Defense contractors can’t run afoul of Berry Amendment rules on food, clothing, fabric and specialty materials. And all primes and subcontractors need to understand how the Trade Agreements Act interacts with these and other country of origin statutes.

With the spotlight on “Made in America,” here’s the practical guidance you need to develop a compliance strategy that keeps you competitive and out of trouble.

Register now Made in America? Country of Origin Requirements in Federal Government Contracts.

In this 90-minute webinar, government contracting expert Matthew Koehl helps contractors minimize their risk of violating Country of Origin (COO) laws and the risk of delays and performance costs that can put them at a competitive disadvantage. You’ll explore exactly how The Buy American Act (BAA), The Berry Amendment and The American Recovery and Reinvestment Act (ARRA) apply to contractors.

Learn when COO laws don’t apply. From exceptions which permit foreign-sourced goods, to how BAA can be waived under the Trade Agreements Act (TAA), you’ll gain greater confidence over where there is some “give” and where crossing the lines can lead to severe penalties.  Plus, you’ll have the chance to ask your own questions during the Q&A portion of the webinar

Reserve your space now for expert guidance on how to avoid violating COO rules, including:

  • The BAA’s "domestic end product" test, and when the BAA applies
  • When the TAA applies instead of BAA
  • The TAA’s "substantial transformation" test
  • How to complete FAR, BAA and TAA certificates
  • Fundamentals of the Berry Amendment and the domestic preference elements of ARRA
  • Practical strategies for COO contract compliance;
  • Insights into the new administration’s potential domestic preference activities and priorities 

Given how often the “buy American” theme surfaced during Donald Trump’s campaign, you can expect domestic preference laws to be a high priority for the new administration. Don’t risk enforcement actions!  Now is the time to clarify exactly what it takes for federal contractors to stay competitive—and compliant.

Register now Made in America? Country of Origin Requirements in Federal Government Contracts.

Who Will Benefit

This webinar is of value to prime or subcontractors contracting with the federal government, particularly construction and defense contractors. Attendees who will benefit most include:

  • Compliance managers
  • Contract administrators
  • Program managers
  • Agency and contractors’ counsel

FAR Benefit: Augment your compliance training and internal controls programs!

The Federal Acquisition Regulation (FAR 52.203-13), entitled Contractor Code of Business Ethics and Conduct, requires contractors not represented as small businesses to establish an ongoing business ethics awareness and compliance program, as well as effective internal controls. Participating in this webinar course can augment your company’s code of ethics and training programs by providing specific guidance on contractual obligations. Training can also be a significant part of an internal control system. Sign up today!

Matthew Koehl

Matt is a partner with Womble Bond Dickinson LLP and a veteran government contracts lawyer with more than 20 years of private law firm and senior in-house law department experience. He represents commercial and defense contractors across a broad range of industries, with a particular emphasis on matters relating to the Federal Supply Schedule (FSS) program.

Matt’s experience spans the entire lifecycle of government contracting, including pre-contract market research and business development efforts, proposal responses, and contract negotiation with government customers and prime contractors. Matt frequently represents government contractors in bid protests challenging the award of government contracts before the Government Accountability Office and size protests and appeals to the SBA’s Office of Hearings and Appeals. In addition, he helps contractors to resolve post-award contract disputes with federal agencies, informally and through formal contract dispute proceedings before the Boards of Contract Appeals.

Matt also works with contractors to respond to government audits, investigations and civil False Claims Act proceedings, and to develop and implement compliance programs. He regularly works on government contractor mergers and acquisitions, including due diligence and negotiations and the post-close integration process. Matt has served as an expert witness on government contracts rules and requirements in litigation and arbitration proceedings.

Clients also turn to Matt for counseling and litigation support in a broad range of state and local government contracts matters, with a special focus on California, where he is licensed.

Gary J. Campbell

Gary Campbell is a partner with Womble Bond Dickinson LLP. As a veteran government contracts lawyer, Gary has spent his entire career representing government contractors, both in private practice and as in-house counsel to a Fortune 100 aerospace and defense company. Gary’s unique experience and insight allow him to provide counsel to clients, which focuses on creative, cost-effective business solutions. Gary represents some of the largest federal contractors and regularly assists small and emerging companies with understanding the complex requirements of obtaining and performing federal contracts.

Gary regularly counsels his clients on a broad range of government contracts issues, including transactional matters, such as proposal responses and contract negotiations; ethics and compliance issues; internal investigations and government audits; mergers and acquisitions; protests and business disputes. He has litigated and mediated claims, bid protests and size protests before the Armed Services and Civilian Boards of Contract Appeals, the U.S. Court of Federal Claims, the Government Accountability Office (GAO), and the Small Business Administration’s Office of Hearings and Appeals (OHA).

Gary has extensive experience assisting both domestic and non-U.S. clients with international transactions, including Foreign Corrupt Practices Act (FCPA) compliance and investigations. Gary’s high-level security clearance allows him to assist clients with their most sensitive, classified, government contracting issues.

Gary currently serves as co-chair of the U. S. Geospatial Intelligence Foundation’s Legal Working Group and is a member of the U.S. Court of Federal Claims Advisory Council.

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