Interested in training for your team? Click here to learn more

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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 7, 2023

Recorded event now available

or call 1-800-926-7926

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.


On Aug. 23, 2023, the OMB published new final guidance implementing the domestic sourcing requirements of BABA, a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. The final guidance applies to awards of federal financial assistance obligated on or after Oct. 23, 2023.

BABA contains different requirements for articles, materials, and supplies depending on whether each is categorized as: (1) a construction material; (2) a manufactured product; (3) a steel or iron product; or (4) a Section 70917(c) material--a new category added by the revised guidance to include product categories listed in BABA as excluded materials.

BABA requirements apply to all awards of federal financial assistance for infrastructure projects in the U.S., notwithstanding whether the awardee receives funding from the Infrastructure Investment and Jobs Act or other statutory sources. Therefore, the BABA requirements will apply to awards of federal financial assistance for infrastructure projects provided under existing programs, including loans made under the Transportation Infrastructure Finance and Innovation Act and the Water Infrastructure Finance and Innovation Act programs, as well as newly created programs, such as programs under the CHIPS and Science Act and Inflation Reduction Act, with certain exceptions.

Listen as our authoritative and experienced panel of government contract practitioners highlights how the OMB's final guidance departs from or builds on earlier guidance and provides tips and next steps for stakeholders potentially affected by BABA.



  1. Background and overview
  2. Scope and applicability of final guidance implementing BABA requirements
    1. Federal financial assistance and for-profit entities
    2. Infrastructure projects
    3. Effective date
  3. Reconciling with existing domestic-preference requirements
  4. Requirements for types of articles, materials, and supplies
    1. Iron and/or steel products
    2. Manufactured products
    3. Construction materials
    4. Stone, sand, gravel, and aggregate materials
  5. Waiver process
  6. Implementation of BABA requirements across all federal agencies
  7. Future agency and OMB guidance
  8. Conclusion and next steps


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?


Rust, Jayna
Jayna Marie Rust

Thompson Coburn

Ms. Rust advises companies, transportation authorities, educational institutions, and other entities regarding their...  |  Read More

Wulf, Cara
Cara A. Wulf

McCarter & English

Ms. Wulf focuses her practice on government contracts and regulations. She has extensive experience counseling clients...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video