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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
Date / Time: March 20, 2026
Closed-captioning available
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
Professional Experience
Honors & Awards
Credentials & Leadership
Education
Select Media & Speaking
Representative Engagements
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
Professional Experience
Honors & Awards
Credentials & Leadership
Education
Select Media & Speaking
Representative Engagements
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
Professional Experience
Honors & Awards
Credentials & Leadership
Education
Select Media & Speaking
Representative Engagements
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.
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved via Attorney Submission
2.5 General Hours
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 Substantive
Pending CLE Approval
2 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
120 General minutes
Approved for CLE Credits
2.4 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Not Eligible
2 General Hours
Approved for CLE Credits
2 General
Approved via Attorney Submission
2 Law & Legal Hours
Pending CLE Approval
2 General
Pending CLE Approval
2.4 General
Pending CLE Approval
2 General
only $395 yearly
only $395 yearly