Build America, Buy America, and Construction Contractors: Best Practices for Compliance, Contract Considerations

This CLE webinar will examine how Build America, Buy America (BABA) impacts construction contractors, including sourcing compliant materials, dealing with supply chain issues and increased costs, ensuring subcontractor compliance, and recordkeeping requirements. The panel will also discuss whether and how to request a waiver and best practices for compliance.

The BABA domestic sourcing requirements significantly impact construction contractors working on federal infrastructure projects. BABA requires contractors to use American-made iron, steel, manufactured products, and construction materials when building infrastructure funded by the federal government. This requirement applies to the entire project, even if it is funded by both federal and non-federal funds and even if the infrastructure project is not the primary purpose of a financial assistance award.

Since BABA has been in effect, various federal agencies have issued waivers, and some have either rescinded or have scheduled rescission dates for their waivers. Therefore, contractors and their counsel should understand whether waivers are available, for how long, and how to apply when they may be unable to comply with BABA requirements.

Listen as our expert panel guides counsel through BABA requirements impacting construction including how to determine if project materials comply, how to ensure compliance from subcontractors as well as drafting considerations for project agreements, and whether and how to seek waivers. The panel will also address best practices for compliance.