Buy American Act, Berry Amendment, and Trade Agreements Act

This presentation will address the Buy American Act, Berry Amendment, and Trade Agreements Act. We will first provide an analysis of the Buy American Act with a regulatory overview, explanation of important concepts, and examples to simplify these concepts. Most of the webinar will be on this subject as it has the biggest impact and forms the foundation on which the Berry Amendment and Trade Agreements Act were added. The discussion will then turn to the Berry Amendment and Trade Agreements Act, and the impact each has on the applicability of the Buy American Act.

Outline of presentation:

Buy American Act

• Description and regulatory context
• Explanation of “Domestic Product” (Manufactured in the US? Commercial off the shelf? Cost of components; Examples of compliance calculations)
• Exceptions
• Price preferences
• False certification penalties

Berry Amendment

• Description
• Applicability to Buy American Act

Trade Agreements Act

• Description and regulatory context
• How does TAA work with BAA?
• Important definitions (Manufactured; “Substantially transformed”)
• Noncompliance repercussions

Target Audience: Small businesses pursuing federal government contracts