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Domestic Preference Regimes Under Federal Government Contracts

Level: Advanced
Runtime: 88 minutes
Recorded Date: September 08, 2017
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  • Domestic Focus
  • Buy American Act (BAA)
  • Trade Agreements Act (TAA)
  • Balance of Payments Program
  • Other Sourcing and Content Restriction
  • "Buy American" under the Trump Administration
Runtime: 1 hour and 28 minutes
Recorded: September 8th, 2017


In this program our expert panel will provide an overview of current domestic preference regimes under Federal Government contracts, offer practical tips for compliance, discuss the ramifications of compliance failures, examine President Trump's "Buy American" EO and discuss potential changes on the horizon.

This program was recorded on September 8th, 2017.

Provided By

American Bar Association
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E. Sanderson Hoe

Senior Of Counsel
Covington & Burling LLP

Sandy Hoe has practiced government contracts law for more than 40 years. His expertise includes issues of contract formation, negotiation of subcontracts, bid protests, 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, Mr. Hoe 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.” From 1999 to 2011, Mr. Hoe co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005 to 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.

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Justin Ganderson

Special Counsel
Covington & Burling LLP

Justin Ganderson is Special Counsel in the firm’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 (CDA) claims, and resolving disputes with government agencies prior to the commencement of litigation.

He also regularly litigates government contract related disputes (including prime / subcontractor disputes) before Agency Boards of Contract Appeals, the U.S. Court of Federal Claims, U.S. District Courts and the American Arbitration Association. Through his claims and litigation experience, Mr. Ganderson has gained considerable knowledge about Major Defense Acquisition Programs.

On behalf of clients, Mr. Ganderson has conducted large and extensive internal investigations analyzing various allegations (including improper time charging and allocation issues, performance issues, Anti-Kickback Act (AKA) violations and False Claims Act (FCA) violations), and in response to Inspector General (IG) Subpoenas, Federal Grand Jury Subpoenas, Civil Investigative Demands and whistleblower claims. In addition, Mr. Ganderson has negotiated favorable settlements with the U.S. Department of Justice (DOJ) stemming from lawsuits brought under the FCA and AKA.

Mr. Ganderson also regularly counsels contractors in pursuing and performing contracts with U.S. government agencies and contractors at other tiers, and counsels contractors on the interpretation, applicability, and compliance with regulations and statutes related to federal government procurements and contracts. He 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.

Finally, Mr. Ganderson frequently writes and presents on government contracts related topics. In addition to publishing articles on a variety of timely subjects, Mr. Ganderson has been a Guest Lecturer at the George Washington University School of Law and the Catholic University of America (Masters in Management Program), and is a member of the faculty for the Public Contracting Institute. Mr. Ganderson also has been quoted by various news publications like BNA Federal Contracts Report, Law360 and National Defense Magazine, and has appeared on Federal News Radio.

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Justin Chiarodo

Blank Rome LLP

Justin A. Chiarodo represents clients in all aspects of federal, state, and local procurement law. He has spent his career helping leading and emerging government contractors successfully navigate high-stakes litigation, compliance, and regulatory matters.

Mr. Chiarodo maintains an active litigation and counseling practice focused on bid protests, government investigations, contract claims and disputes, cost accounting and audit matters, regulatory compliance, complex transactions, and the False Claims Act.

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