Summary

On December 5, 2023, Seyfarth’s Amy Hoang will be a panelist on a Strafford Webinar detailing Build America, Buy America (BABA) requirements. This 90-minute CLE presentation (1:00 PM – 2:30 PM ET), will guide construction counsel through the BABA final guidance with notable revisions from the interim guidance. The panel will discuss how the final rule 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 when and how to request a waiver and best practices for compliance. Those interested in attending may contact Ms. Hoang directly at ahoang@seyfarth.com or register here.

Outline of Webinar Topics

  1. Overview of BABA
    1. BABA’s relation to the IIJA and other federal funding programs
    2. How BABA differs from the Buy American Act
  2. BABA final guidance
    1. Revised definitions
    2. Covered materials/products
    3. Qualifying as American-made
  3. Impact on construction contractors and federal financial recipients
    1. Sourcing compliant materials/products
    2. Supply chain issues
    3. Ensuring compliance from subcontractors
    4. Drafting considerations for project agreements
    5. Recordkeeping requirements
    6. Penalties for noncompliance
  4. Waiver process
    1. Current status of federal agency waivers
    2. When and how to request a waiver
  5. Best practices for compliance

Benefits

The panel will review these and other important issues:

  • How does the final guidance differ from the 2022 interim guidance?
  • What constitutes “construction materials” as well as other covered materials made in the U.S.?
  • How may contractors mitigate risk related to subcontractor noncompliance?
  • What drafting considerations should counsel keep in mind for project agreements that may help ensure compliance?
  • What are the penalties for noncompliance?
  • What is the status of federal agency waivers?
  • When and how may counsel and their clients seek a waiver?