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The Fundamentals of the Buy American Act

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.

92 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 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.

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 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 24, 2021.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 91 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     

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 34 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

Lori Ann Lange

Peckar & Abramson, P.C.

  • Partner and Co-Chair of Peckar & Abramson, P.C.’s Government Contracting & Infrastructure 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 counseling, and represents a range of government contractors, including construction contractors, 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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More Program Information

Why Lorman?

Over 34 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.

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Product ID: 406251
Published 2021
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