00:19:12 Christopher Yukins - GW Law: https://www.law.gwu.edu/combating-fraud-government-procurement - Link to GW Law's upcoming program on the False Claims Act 00:20:23 allison mccann: Thank, you! Will the current slides also be posted to the GW website? 00:21:21 Christopher Yukins - GW Law: I posted the updated PowerPoint slides at 8:55 ET at www.publicprocurementinternational.com, at the top of the program information. Thanks very much for your interest. 00:24:19 Christopher Yukins - GW Law: Thanks for this very helpful information, Desiree. As noted, this public chat will be posted with the program slides on www.publicprocurementinternational.com 00:25:24 Désirée Klingler: Thanks Chris for having this interesting webinar! If I may: I have written a recent paper on assessing labor law in light of the Infrastructure Act and Buy American in the Yale Journal of Regulation: https://www.yalejreg.com/bulletin/fair-pay-and-safe-workplaces-in-government-contracting/ 00:25:25 Michael Reed: 4s6d8t 00:26:09 Alex Barnes: I have Autism and I've been wanting to look into both law school and the legal field myself, since youth. Was there anybody or anything that influenced you guys to look into both law school and the legal field for the first time? 00:26:57 Christopher Yukins - GW Law: My mom was a lawyer -- and a real inspiration. It's a wonderful field. 00:36:38 Joy Sturm: can you speak to whether states are or have been subject to the Buy American Act? thank you! 00:38:15 Alex Barnes: Thanks Chris. Where are the panelists from again? 00:39:09 Christopher Yukins - GW Law: Jean Grier will likely expand on this, but the clumsy division is this: "Buy American Act" applies to federal procurement, while "Buy America" requirements historically applied to specific federal grants (e.g., certain transportation funding). The new legislation will apply broad requirements -- which probably will be called "Buy American" requirements -- to federal infrastructure grantees at the state and local levels. So the traditional divide between "Buy American" (federal) and "Buy America" (state and local grantees) is collapsing. 00:39:59 Christopher Yukins - GW Law: The panelist bios are linked at the program page -- just click on their photos, at www.publicprocurementinternational.com. Thanks for the question. 00:41:29 Darbi Dillon: Can you elaborate then, on what is applicable to Federal (DoD specific) procurement? There are a few FAR cases out for public comment that I thought were driven from these EOs. 00:41:31 Kory Eslamieh: Which countries are covered under agreement, and where can we find this agreement? 00:41:35 Alex Barnes: Thanks again 00:42:24 Gary Posner: In light of this "collapsing" should we expect redrafting of provisions in the Code of Federal Regulations promulgated for enabling the "Buy America" statute, such as 49 CFR Part 661? 00:43:15 Laurence-Camille Richard: With 37 states covered by the GPA, Buy America requirements applying to ALL types of infrastructure projects, and a general exception only for highway and mass transit projects, does this mean that certain states will have to implement the requirements of the BABA for some projects, while others states won't for the same type of projects? How would that work in practice? Do you expect states to be able to recognize which projects is covered by the GPA, and which aren't? 00:43:30 Amy Porges: Hi Jean, could you please provide a cite for the "best of city" provisions you mentioned? is there a discussion of this on your excellent blog on procurement issues? 00:44:06 Christopher Yukins - GW Law: The general trade agreements are on the US Trade Representative website, ustr.gov. The mandated review of trade agreements will include "reciprocal defense procurement agreements" between the U.S. Defense Department and counterpart ministries of defense in allied nations -- very important agreements that open up defense markets for goods, services and R&D. Those reciprocal defense procurement agreements can be found on the DoD website, through a Google search. Again, thanks for your question. 00:44:41 Désirée Klingler: Chris, does the origin of construction material need to be American or only the assembly? If the former (which is difficult), could we attach the question of measuring environmental effects to the Buy American supply chain? Thanks! 00:45:38 Scott Sheffler: Gary - Each agency (including DOT) is to issue a report in the federal register on current provisions and waivers. I would keep an eye out for that (which should be available soon). Then, it will be interesting to see what agencies do on regs on existing provisions. Those provisions haven't gone away, they simply may become moot by virtue or a new baseline. I suspect that federal agencies will differ in culture on when the offer "public interest" and "nonavailability" waivers under the new law (all of which will presumably be published on the newly required GSA-run website). I expect this to be a "bumpy" roll-out. 00:45:49 Christopher Yukins - GW Law: To the question on revising the grants regulations -- the legislation calls for a possible revision of the "core" grants guidance issued by the Office of Management and Management; the legislation may also cause changes in other parts of the Code of Federal Regulations. 00:46:19 Christopher Yukins - GW Law: Slides are posted already on www.publicprocurementinternational.com -- the program materials are at the top of the blog page. 00:46:41 Gary Posner: Thank you, Chris. 00:48:51 Jonas Lima: Very important presentations and clarifications. Congratulations, Professor Chris and all panelists. 00:49:25 Christopher Yukins - GW Law: To Desiree's question -- the decision in 2009 to exempt COTS construction materials components from the "Buy American Act" requirements, which is set forth at the analysis linked from publicprocurementinternational.com (click on the yellow square for "more BABA info") -- that 2009 decision took a wide range of economic issues into consideration. Given that breadth of perspective, it is very possible that the upcoming assessment of a COTS exception will consider environmental impacts as well, including the substantial compliance costs if no exemption is granted for COTS construction materials. 00:53:43 Désirée Klingler: Rob, on point! We need statistics to better understand the effects of the GPA and other procurement regulations. See my paper on “Measuring Efficiency and Quality in Public Procurement”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3718077 01:01:38 Désirée Klingler: The new Swiss law of PP from January 2021 now asks for “adjusting the offer prices to the price level in Switzerland” which is clearly protectionist, and against international competition… 01:03:20 Désirée Klingler: Eike, could you share this subway paper pls? 01:07:52 Eike Klapper: Sure, here is the link: https://www.americanactionforum.org/research/buy-america-regulations-may-raise-cost-subsidized-infrastructure/ 01:08:37 Trey Hodgkins: Chris- 01:09:57 Trey Hodgkins: We've focused on broad application of agreements and in the IIJA, construction materials. What about the broader "manufactured goods" that are going to be covered and how does that impact the broadband or "automation" elements of any federal assistance? Can we take a deeper dive on this area and technology, in particular. 01:11:17 Christopher Yukins - GW Law: Thanks for your question, Trey. I will expand the discussion on the blog to focus as well on manufactured goods -- look for that expanded research by this weekend, on publicprocurementinternational.com. 01:12:14 Scott Heimberg: So to determine if the trade agreement applies to a particular grant, do we need to look at whether the funding is going to one of the 37 states or other entities covered by the WTO? If not going to one of these entities, does the Buy America restrictions on steel, manufactured products and construction materials apply? 01:12:19 Désirée Klingler: Thanks so much! 01:12:26 Alex Barnes: Thanks guys very much!!!!!