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Build America, Buy America, and Construction Contractors: Best Practices for Compliance, Contract Considerations
Sourcing Compliant Materials, Requesting Waivers, Ensuring Subcontractor Compliance
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About the Course
Introduction
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.
Description
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Since BABA has been in effect, various federal agencies have issued waivers, and some have either rescinded or have scheduled rescission dates for their waivers.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.
Presented By
Ms. Lent is an experienced government contracts and grants lawyer who advises companies on a range of matters from responding to procurements, protesting awards, complying with regulatory requirements, responding to investigations, and pursuing disputes. She advises clients on compliance with domestic content laws, including the Build America, Buy America Act. Ms. Lent is also a leading advisor in the energy and transportation infrastructure space. She provides comprehensive counsel to private, nonprofit and public entities on critical issues impacting the energy and transportation infrastructure sector. Before joining Akin, Ms. Lent served as counsel to the Subcommittee on Surface Transportation and as counsel for investigations and oversight to the U.S. House of Representatives Committee on Transportation and Infrastructure.
Mr. Ramish is a partner in the firm’s government contracts, federal grants, and construction practice groups. His practice spans the multitude of issues unique to doing business with the U.S. government, with particular emphasis on claims and disputes, and subspecialties including domestic preferences, data rights and intellectual property, cost and pricing, cybersecurity, small business compliance, and subcontracting and supply chain issues. Mr. Ramish is co-author, with Jonathan D. Shaffer, of Federal Grant Practice: A Guide for the Government and Grantees (Thomson Reuters, 2025 Ed.). He serves on the Section Council of the American Bar Association (ABA) Section of Public Contract Law and is Secretary of the Construction and Public Contracts Section Council of the Virginia Bar Association (VBA).
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, January 20, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Overview of BABA
A. Important definitions
B. Covered materials/products
C. Qualifying as American-made
II. Impact on construction contractors and federal financial recipients
A. Sourcing compliant materials/products
B. Supply chain issues
C. Ensuring compliance from subcontractors
D. Drafting considerations for project agreements
E. Recordkeeping requirements
F. Penalties for noncompliance
III. Waiver process
A. Current status of federal agency waivers
B. When and how to request a waiver
IV. Best practices for compliance
The panel will review these and other important issues:
- 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?
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