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Event Series Event Series: Country of Origin & Buy America Series

Country of Origin & Buy America: DOD: The Berry Amendment

June 11, 2025 @ 10:00 am - 11:30 am

Virtual Event Virtual Event
$189.00

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Country of Origin & Buy America: DOD: The Berry Amendment
$ 189.00
Unlimited

Country of Origin & Buy America: Buy American Act Series 2025

Doing business with the government – not just the U.S. Government, but also state and local governments – requires companies to operate in a highly regulated arena. In recent years, the government has placed significant emphasis on contractor supply chains, including through the imposition of ever-growing and evolving domestic preferences and country of origin requirements.

Commonly referred to as “Buy America” requirements, there is no single statute or regulation governing country of origin requirements, with specific requirements changing based on a variety of factors – including contract size, type of materials purchased, the purchasing entity, and even the nature of the procurement itself. To make matters even more complicated, in certain instances “Buy America” requirements yield to international agreements, placing the U.S. free trade partners on equal footing with U.S.-based companies.

How can you know what is and what is not acceptable under your contract? How can you ensure that you are not falsely certifying compliance with a country of origin requirement that you do not understand? Join David Gallacher (Kutak Rock LLP) and Ariel Debin (Sheppard Mullin LLP) as we explore these questions in this comprehensive 9-part series navigating the complicated “Buy America” maze and exploring in depth the most common country of origin requirements under government contracts.

Throughout this series, attendees will learn about:

  • The various “Buy America” and “Buy American” regimes, including recent updates over the last year;
  • Country of origin tests adopted by U.S. Federal agencies, including the requirement to “manufacture” or “substantially transform” a manufactured product in a specific country;
  • Requirements unique to federally-funded Infrastructure and grant programs, including new requirements imposed by the Build America, Buy America (BABA) Act and longstanding requirements under federally-funded transportation projects;
  • Special rules uniquely applicable to Defense Programs, like the Berry Amendment and Specialty Metals restrictions;
  • Exceptions and waivers that may be available for non-conforming products;
  • The differences between a “Buy American” certification and a “Made in the U.S.A.” label on product packaging;
  • How sanctions and other prohibited sources rules can affect your country of origin compliance; and
  • Compliance best practices for government contractors, including tips to lower the risks of False Claims Act violations and other false certifications, exploring real-world examples.

Country of Origin & Buy America 2025 Series
Second Wednesday of the Month, 10:00-11:30am ET

 

Session 6: DOD: The Berry Amendment and DHS: The Kissell Amendment

The Berry Amendment originally was passed by Congress in 1941 to promote the purchase of U.S.-origin foods and textiles by the Department of Defense (DOD). But since World Ward II, the Berry Amendment has continued to morph and grow, covering more and more specialty products purchased by the DOD. Today, DOD generally is prohibited from procuring certain goods unless they have been “grown, reprocessed, reused, or produced in the United States.” Covered goods include food, clothing, textiles and fabrics, and hand or measuring tools. The Department of Homeland Security (DHS) has its own variation on the Berry Amendment, often called the Kissell Amendment, passed in 2009 and focusing specifically on clothing, textiles and fabrics. In Part 6 of this 9-part Series, we discuss the Berry Amendment and Kissell Amendment, including best practices for identifying products that fall among these statutes’ expansive coverage.

In this session, we will cover:

  • The scope of the Berry Amendment, including the various categories of covered products;
  • The scope of the Kissell Amendment, including the more limited categories of covered products;
  • Exceptions that may be available to deliver not only foreign-made products, but also domestically manufactured products that contain some measure of foreign content when selling to DOD or DHS;
  • Best practices for identifying products covered by the Berry Amendment and the Kissell Amendment.

Organizer

John Plinke
Phone
202-775-7240
Email
seminars@publiccontractinginstitute.com

Other

Delivery Method
Live Virtual Training

Venue

Online