Build America, Buy America Compliance: Protecting Federal Infrastructure Funding from Contract to Certification

Amy C. Hoang
Cara A. Wulf
Sarah E. Barney
Amy C. Hoang | Seyfarth Shaw LLP
Cara A. Wulf | McCarter & English LLP
Sarah E. Barney | Seyfarth Shaw LLP
Live Video-Broadcast: March 20, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

What Will You Learn

How Build America, Buy America domestic content requirements apply to federally funded infrastructure projects, how covered materials are classified and documented, how waiver pathways operate in practice, and how contract drafting and risk allocation strategies can mitigate enforcement and funding exposure. You will also better understand how these requirements intersect with existing procurement frameworks and compliance systems to ensure defensible project execution.

What Will You Gain

A practical framework for assessing BABA applicability, structuring documentation and certification systems, preparing or evaluating waiver submissions, and drafting contract provisions that allocate risk and protect funding eligibility in federally assisted projects. Participants will leave equipped to identify compliance gaps early and implement processes that reduce downstream liability and audit risk.

Key Topics That Will be Covered

  • Regulatory framework and applicability analysis
    Understanding BABA’s statutory and regulatory framework, including covered infrastructure, product classifications, and funding triggers under 2 CFR Part 184.
  • Documentation and certification requirements
    Structuring audit-ready compliance processes, supplier certifications, and documentation controls to withstand agency scrutiny and bid review.
  • Waiver strategy and agency evaluation
    Analyzing public interest, non-availability, and unreasonable cost waivers, including evidentiary standards and common agency deficiencies.
  • Contract drafting & risk allocation
    Integrating domestic content requirements into contracts through flow-down clauses, warranties, indemnities, and audit protections.

Date / Time: March 20, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Amy C. Hoang, Partner | Seyfarth Shaw LLP

Amy C. Hoang is a Partner and Co-Chair of her firm’s Government Contracts practice, advising federal contractors and grant recipients on complex regulatory, transactional, and litigation matters across the procurement lifecycle. She is nationally recognized for her bid protest practice, litigating regularly before the Government Accountability Office and the U.S. Court of Federal Claims, and for her leadership in Buy American and domestic sourcing compliance. Amy also counsels clients on ethics and compliance programs, internal investigations, mandatory disclosures, federal grants compliance, and government contracts issues arising in mergers and acquisitions. She is an active leader in the ABA Public Contract Law Section and a frequent speaker and author on federal procurement development.

Legal Focus

  • Government contracts and federal procurement law
  • Bid protests (GAO & U.S. Court of Federal Claims)
  • Domestic sourcing compliance (BAA, TAA, BABA, DOT Buy America, Berry Amendment)
  • Ethics, compliance programs, and internal investigations (FAR Mandatory Disclosure Rule)
  • Federal grants compliance (OMB Uniform Guidance)
  • Government contract disputes (Boards of Contract Appeals, CPARS)
  • M&A and transactional issues involving government contractors

Professional Experience

  • Co-Chair, Government Contracts Practice
  • Litigates 30+ bid protests annually before GAO and the Court of Federal Claims
  • Advises contractors on high-stakes compliance, internal investigations, and mandatory disclosures
  • National thought leader on Buy American and domestic sourcing requirements
  • Conducts government contracts due diligence in M&A transactions and handles FAR novations
  • Designs and implements FAR/DFARS-compliant ethics and compliance programs
  • Represents contractors in ASBCA and CBCA appeals and performance disputes

Honors & Awards

  • Chambers USA – Band 1 for Bid Protests (2023–2025)
  • The Legal 500 – Next Generation Partner (2022–2025)
  • Best Lawyers in America – Government Contracts (2025–2026)
  • Law360 Government Contracts MVP
  • Bloomberg Law “40 Under 40”
  • ABA “On the Rise – Top 40 Young Lawyers” Award
  • DC Rising Star – National Law Journal

Credentials & Leadership

  • Co-Author, The Government Contracts Compliance Handbook, 6th Edition (Thomson Reuters, 2024)
  • Frequent author in Law360, The Government Contractor, The Procurement Lawyer
  • Regular speaker at ABA Federal Procurement Institute and industry webinars
  • Officer, ABA Public Contract Law Section (2024–Present)
  • Former Co-Chair, ABA Bid Protest Committee
  • Law360 Government Contracts Editorial Advisory Board

Education

  • JD, Washington & Lee University School of Law
  • BA, Washington & Lee University

Select Media & Speaking

  • Speaker on bid protest strategy, corrective action, and protest grounds
  • Presenter on cybersecurity compliance and CMMC requirements
  • Frequent speaker on Buy American compliance and domestic sourcing rules
  • Presenter on mandatory disclosure obligations
  • Quoted in Law360, Bloomberg Law, National Law Journal on federal procurement developments

Representative Engagements

  • Successfully litigated high-value bid protests (including $170M DHS and $400M NASA contracts)
  • Conducted internal investigations and mandatory disclosures related to SDVOSB and export control issues
  • Advised on Buy American Act, Trade Agreements Act, Berry Amendment, DOT Buy America, and BABA compliance
  • Assisted with FAR/DFARS-compliant compliance program implementation
  • Conducted M&A diligence for defense and aerospace contractors
  • Negotiated Other Transaction Agreements (OTAs) and cooperative agreements
  • Represented contractors in ASBCA and CBCA appeals
  • Challenged CPARS ratings

 

Cara A. Wulf, Partner | McCarter & English LLP

Cara Wulf is an entrepreneurial government contracts attorney focused on practical, business-oriented solutions to complex public procurement and regulatory compliance challenges. She advises clients on federal, state, and local contracting matters, with particular experience navigating domestic preference statutes, including the Buy American Act (BAA), Trade Agreements Act (TAA), Department of Transportation “Buy America” statutes, and the Build America, Buy America (BABA) Act. She also designs and implements compliance programs tailored to government contractors.

Cara drafts and negotiates prime contracts, subcontracts, teaming agreements, and joint ventures, and advises on requests for equitable adjustments, design-build construction issues (including differing site conditions), contract terminations, and responses to contracting officer final decisions (COFDs). Her practice includes bid protests and contract disputes before federal agencies, the U.S. Government Accountability Office (GAO), the Armed Services Board of Contract Appeals (ASBCA), and courts. Prior to joining McCarter & English, she served in multiple U.S. Department of Defense agencies, advising on FAR and DFARS compliance and litigating Contract Disputes Act claims before the ASBCA and the U.S. Court of Federal Claims.

Legal Focus

  • Government contracts and public procurement compliance
  • Domestic preference statutes, including BAA, TAA, DOT Buy America, and Build America, Buy America (BABA)
  • Corporate compliance program design for government contractors
  • Cost allowability, allocability, and Cost Accounting Standards (CAS)
  • Bid protests, contract claims, and government contract dispute resolution

Professional Experience

  • Advises clients across federal, state, and local public procurement and government contracting matters
  • Designs and implements compliance programs tailored to complex government contracting requirements
  • Drafts and negotiates prime contracts, subcontracts, teaming agreements, and joint ventures
  • Represents clients in bid protests and contract disputes before GAO, ASBCA, federal agencies, and courts
  • Former government attorney advising on FAR and DFARS compliance and litigating Contract Disputes Act claims before the ASBCA and the U.S. Court of Federal Claims

Honors & Awards

  • The Best Lawyers in America, Ones to Watch — Government Relations Practice (Washington, DC), 2026
  • Stand-out Lawyer, Thomson Reuters, 2024
  • Member of the Year Award, NCMA Boston Chapter, 2017–2018

Credentials & Leadership

  • Frequent writer and speaker on government contracting basics, domestic preference statutes, cybersecurity developments, intellectual property in government contracting, cost issues, and claims
  • Thought leader on compliance strategies and regulatory developments affecting government contractors

Education

  • MBA, Babson College
  • JD, University of Michigan Law School
  • BA, University of Michigan

Select Media & Speaking

  • Provides insights on Build America, Buy America, Buy American Act and domestic sourcing compliance at national and industry events.
  • Frequent author on federal contracting issues, including BABA implementation, CAS updates, FAR/DFARS reforms, and domestic preference regulations.
  • Engages in thought leadership through speaking engagements and webinars on topics such as negotiating subcontract terms, federal infrastructure compliance, and bid protest strategy.

Representative Engagements

  • Advising contractors on compliance with BAA, TAA, DOT Buy America statutes, and BABA
  • Counseling clients on SBA program eligibility and compliance requirements
  • Managing requests for equitable adjustments and design-build construction issues, including differing site conditions
  • Responding to contract terminations and contracting officer final decisions (COFDs)

 

Sarah E. Barney | Seyfarth Shaw LLP

Sarah E. Barney is a member of the Government Contracts practice who represents federal contractors in complex bid protests and procurement disputes before the Government Accountability Office and the U.S. Court of Federal Claims. She advises clients on FAR compliance, contract formation and administration, domestic sourcing requirements, and small business eligibility issues. Sarah also maintains an active ethics and compliance practice, conducting internal investigations and supporting procurement integrity and risk-mitigation initiatives. She regularly writes and speaks on bid protest trends, Contract Disputes Act developments, and contractor best practices.

Legal Focus

  • Bid protests and federal procurement litigation (GAO, U.S. Court of Federal Claims, federal agencies)
  • FAR compliance, contract formation and administration, and GSA Schedule contracting
  • Domestic sourcing compliance (Buy American Act, Trade Agreements Act, Buy America regimes)
  • Ethics, procurement integrity, and internal investigations in public procurement
  • Contract disputes and related government contracts-adjacent litigation (including trade secrets, RICO, and ERISA matters)

Professional Experience

  • Represents contractors in pre and post-award bid protests, including corrective action strategy and protest viability assessments
  • Advises on small business program eligibility and compliance
  • Reviews and negotiates prime contracts and subcontracts to mitigate risk and protect contractor interests
  • Partners with in-house counsel and business teams to implement compliance training and risk-spotting initiatives
  • Advises both traditional federal contractors and commercial companies new to federal procurement requirements

Honors & Awards

  • Best Lawyers in America – Ones to Watch, Criminal Defense: White-Collar (2026)
  • Recommended Attorney, Government Contracts – The Legal 500 (2025)

Credentials & Leadership

  • Frequent author and speaker on bid protest trends, procurement integrity, and contractor best practices
  • Co-Author, The Government Contracts Compliance Handbook, 6th Edition (Thomson Reuters, 2024)
  • Regular contributor to Law360, Westlaw Today, and firm legal updates on FCA developments and Contract Disputes Act issues

Education

  • JD, The George Washington University Law School
  • BA, Pepperdine University

Select Media & Speaking

  • Frequent speaker on bid protest trends, procurement integrity, and contractor best practices
  • Presenter on domestic sourcing compliance, DFARS requirements, and contract termination issues
  • Co-author of multiple Law360, Westlaw Today, and firm legal updates on FCA recoveries, Contract Disputes Act developments, and TAA compliance

Representative Engagements

  • Represents contractors in GAO and Court of Federal Claims bid protests, including corrective action challenges
  • Advises on domestic sourcing compliance under the Buy American Act and Trade Agreements Act
  • Counsels contractors on small business eligibility and FAR compliance issues
  • Conducts internal investigations and supports procurement integrity compliance efforts
  • Advises on contract formation, administration, and termination clause disputes

Agenda

I. Build America Buy America: Navigating Domestic Content Compliance in Federally Funded Infrastructure | 1:00pm – 2:00pm

The Build America Buy America Act (BABAA) has fundamentally reshaped domestic content requirements for federally funded infrastructure projects — extending Buy America obligations far beyond traditional transportation programs and traditional FAR-based government contracts. In this session, we will break down how and when BABA applies in practice, how it differs from the Buy American Act and other domestic preference regimes, and where contractors, manufacturers, and project sponsors face the greatest compliance exposure. Attendees will leave with a practical understanding of how to assess applicability, analyze domestic content and manufacturing requirements, and structure internal compliance processes to mitigate risk in an increasingly enforcement-focused environment.

In addition to outlining the statutory and regulatory framework, the session will focus on how these requirements operate in real-world project settings. Particular attention will be given to identifying triggering funding streams, evaluating material and product classifications, and understanding how BABA obligations intersect with existing contractual and procurement structures. By clarifying the boundaries between overlapping domestic preference regimes, the program will equip participants to recognize compliance pitfalls early and implement defensible documentation and review practices.

Break | 2:00pm – 2:10pm

II. Advanced BABA Compliance: Waivers, Contract Structuring & Risk Allocation | 2:10pm – 3:10pm

This session examines advanced compliance considerations under the Build America, Buy America Act, focusing on applicability analysis, product classification, and regulatory triggers under the Infrastructure Investment and Jobs Act and 2 CFR Part 184. It explores strategic use of public interest, non-availability, and unreasonable cost waivers, including evidentiary standards, market research expectations, and common deficiencies in agency submissions. The discussion also addresses drafting and negotiating BABA-compliant contract provisions, integrating flow-down requirements, compliance warranties, indemnities, and audit rights into project agreements. Emphasis is placed on structuring contracts and documentation frameworks to allocate risk effectively and mitigate funding exposure, enforcement risk, and downstream liability in federally funded infrastructure projects.

Building on the foundational framework, this session will also examine how waiver strategy and contract drafting function together as part of a broader risk-management approach. Participants will consider how documentation practices, supplier representations, and internal review protocols can support or undermine waiver requests and compliance defenses. The program will highlight practical considerations in aligning contractual protections with regulatory expectations to ensure that compliance mechanisms are not only theoretically sound, but operationally sustainable throughout the lifecycle of a federally funded infrastructure project.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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