Trade Agreements and Sourcing Restrictions

Government contractors face a number of restrictions concerning the country of origin of all manner of supplies and products, from computers to construction materials purchased or used to fulfill contract requirements.  These restrictions are typically imposed by the Buy America Act (BAA), the Berry Amendment and the Trade Agreements Act (TAA), as well as other international and bilateral agreements that waive or modify the applicability of these statutes.  In addition to helping clients assess whether, and to what extent, specific sourcing restrictions apply to their products, Dempsey Fontana attorneys assist clients with developing strategies to ensure compliance with sourcing restrictions and related foreign acquisition requirements, preparing proper country of origin certifications and calculating the domestic content for specific supplies or construction materials.  


Our representative matters include:

  • Counseled GSA schedule holders on BAA and TAA compliance restrictions.
  • Advised clients on BAA exception for commercial off the shelf (COTS) IT products.
  • Created BAA and TAA compliance programs for manufacturers and product resellers.