New Build America, Buy America Domestic Sourcing Requirements for Federally Funded Projects
Expanded Domestic Content Restrictions; Changes to Landscape for Recipients of Federal Grants and Cooperative Agreements
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the Office of Management and Budget's (OMB) new final guidance implementing the Build America, Buy America Act's (BABA) requirements for domestic sourcing and manufacturing for federally funded infrastructure projects. The panel will discuss the guidelines' broad implications for awardees of federal funding, prospective applicants, contractors, and suppliers.
Outline
- Background and overview
- Scope and applicability of final guidance implementing BABA requirements
- Federal financial assistance and for-profit entities
- Infrastructure projects
- Effective date
- Reconciling with existing domestic-preference requirements
- Requirements for types of articles, materials, and supplies
- Iron and/or steel products
- Manufactured products
- Construction materials
- Stone, sand, gravel, and aggregate materials
- Waiver process
- Implementation of BABA requirements across all federal agencies
- Future agency and OMB guidance
- Conclusion and next steps
Benefits
The panel will review these and other key issues:
- What is the history and background of the OMB's final guidance on the BABA domestic sourcing requirements?
- What are the key definitions and terms from the final guidance and how will they impact federally funded projects?
- What are the circumstances when a waiver of the BABA requirements may be justified?
- What are the next steps for companies that are recipients of funding subject to BABA?
Faculty
Jayna Marie Rust
Partner
Thompson Coburn
Ms. Rust advises companies, transportation authorities, educational institutions, and other entities regarding their... | Read More
Ms. Rust advises companies, transportation authorities, educational institutions, and other entities regarding their rights and obligations when doing business with or receiving financial assistance from the federal government and in litigating against (or with) it on contract disputes. She helps clients recover money owed under federal contracts, challenge adverse agency actions, and protest problematic contract awards or defend against competitors' protests. Additionally, Ms. Rust counsels and advises clients on contract- and grant-administration matters. This work includes analyzing and negotiating subcontractor and subrecipient agreements, following small-business requirements, and complying with domestic-preference policies, such as the Buy American Act, the Trade Agreements Act, and the Cargo Preference Acts. Ms. Rust is also a professor of Government Contracts Advocacy at The George Washington University Law School.
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Cara A. Wulf
Partner
McCarter & English
Ms. Wulf focuses her practice on government contracts and regulations. She has extensive experience counseling clients... | Read More
Ms. Wulf focuses her practice on government contracts and regulations. She has extensive experience counseling clients regarding compliance with federal, state and local public procurement requirements. She also assists in litigation involving bid protests, claims, and other disputes before federal agencies, courts and the U.S. Government Accountability Office. Prior to joining the firm, Ms. Wulf worked for multiple U.S. Department of Defense agencies, through which she gained experience with complex government regulations, including the FAR and DFARS.
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