Domestic Sourcing and Content Requirements Under Federal Government Contracts On-Demand

On December 29, 2016, then President-Elect Donald J. Trump posted the following statement on his Instagram account: “My Administration will follow two simple rules: BUY AMERICAN and HIRE AMERICAN!” As a result of statements like this and recent rhetoric from the Trump administration about domestic manufacturing (like the January 24, 2017 presidential memorandum regarding “Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing”), having an understanding of and complying with domestic sourcing requirements under Federal Government contracts is now more important than ever.

Summary

Designed for lawyers and contracting professionals, this course will examine the key statutory and regulatory framework of the United States’ domestic sourcing regime – from Buy American Act / Trade Agreements Act compliance to Berry Amendment compliance. The instructors (Sandy Hoe and Justin Ganderson, Covington & Burling LLP) will help attendees navigate this complex area.

Learning Objectives

The Course will help participants:

  • Understand the regulatory and statutory requirements for complying with the myriad sourcing and content requirements under Federal Government contracts, including the Buy American Act (BAA), the Trade Agreements Act (TAA) and the Berry Amendment
  • Recognize nuances in sourcing and content requirements (e.g., construction versus manufacturing, contracting with the Department of Defense, performing under contracts funded through the American Recovery and Reinvestment Act of 2009)
  • Understand how these requirements are implemented, certified and incorporated into a contract, and what requirements must be flowed down to subcontractors
  • Understand the implications of failing to comply with these sourcing requirements, including False Claims Act violations and breach of contract

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Faculty

Sandy Hoe

Sandy Hoe has more than 41 years in the practice of government contracts law. His expertise includes issues of contract formation, negotiation of subcontracts, the structuring of complex private financing of government contracts, preparation of complex claims, and the resolution of post-award contract disputes through litigation or alternative dispute resolution. His clients include major companies in the defense, telecommunications, information technology, financial, construction and health care industries. For several years, he also practiced telecommunications regulatory law, appearing before numerous state public utility commissions in hearings to open the local exchange markets for new entrants under the Telecommunications Act of 1996. For many years, he has been active in the Public Contract Law Section of the American Bar Association, where he was an author of the Section’s original publication of “Subcontract Terms and Conditions.” Since 1999, he has co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005-2008 served on the Section Council. Prior to his service in the ABA, for six years he was on the Steering Committee of the Section on Government Contracts and Litigation of the District of Columbia Bar, including three years as co-chair of the Section. Currently he is pro bono counsel to the Government of Liberia in the drafting of a new procurement code. Super Lawyers 2013 recognized Mr. Hoe as one of the nation’s leading government contracts lawyers. In 2009, Mr. Hoe was named “Top Washington Lawyer” in Government Contracts by the Washington Business Journal.

Justin Ganderson

Justin M. Ganderson is Special Counsel in Covington & Burling LLP’s Washington, DC office and a member of the Government Contracts Practice Group. Mr. Ganderson focuses his practice in the areas of claims and disputes resolution, internal investigations, public and private partnerships, utility privatizations, and general federal government contract counseling. Mr. Ganderson has extensive experience in preparing and crafting requests for equitable adjustments and Contract Disputes Act claims, and resolving disputes with government agencies prior to the commencement of and through litigation and ADR. Mr. Ganderson has conducted large and extensive internal investigations analyzing various allegations, including those in response to IG and Federal Grand Jury subpoenas, and has negotiated favorable settlements with the U.S. Department of Justice stemming from these investigations. Finally, Mr. Ganderson regularly counsels contractors in pursuing and performing contracts with U.S. government agencies and contractors at other tiers, and has extensive experience in drafting and/or negotiating a variety of agreements, including contracts with the U.S. government agencies (e.g., contracts for supplies and services, construction contracts, utility privatization contracts and utility areawide agreements) and a variety of subcontracts.

Continuing Legal Education

1.5 CLE/ 1.5 CPE (Business Law/Finance)/ .15 CEU credits may be earned for this course. This course is recommended for 2 CLP credits.

This course has been approved for CLE in CA, PA, VA and TX. Because this activity has been approved in another CLE jurisdiction, you may also receive credit for participation in AK, AZ, AR, CO, FL, HI, IL, ME, MT, NJ, NY, ND, and WI (additional state requirements may apply). If you are seeking CLE credits for a jurisdiction other than the ones listed above, please contact us for additional information.

This course can be submitted to Project Management Institute (PMI) for PDU. Upon their approval, it may be worth 1.5 PDU credits.

Upcoming Seminars

Webinars & Virtual Classess