The landscape of the Buy American Act (BAA), the Trade Agreements Act (TAA), and the newly-implemented Infrastructure Investment and Jobs Act (IIJA) have and continue to evolve quickly through updated regulations, content requirements, and judicial decisions. It is critical for government contractors and A/E firms performing and supporting federal projects, or providing supplies to the federal government to be aware of, and able to comply with these multiple requirements. This session will provide an overview of the BAA, TAA, and IIJA general requirements, the multiple exceptions to the general rules, and “best practices” for federal contractors and A/E firms to ensure and document compliance now and in the future.

General Background on BAA, TAA, and IIJA

• The BAA and its Recent Changes. The BAA implements stringent preferences for domestic construction materials and supplies, and these preferences have only been increased by the Biden Administration’s recent changes, which will require and increase of domestic content from 55% currently to 75% in 2029. Further, the BAA now contains heightened domestic preference requirements for construction materials primarily made of iron or steel. Contractors and A/E firms must ensure they are able to apply and comply with the BAA requirements, and to document such compliance throughout project / contract performance, as well as ensure that project plans, specifications, designated materials or supplies, and other project / contract requirements are developed in a manner to ensure BAA compliance.
• The TAA and its Recent Changes. The TAA creates enormous exceptions to the BAA’s general rule that construction materials and supplies must meet the stringent domestic preference requirements. The TAA provides contractors the ability to procure construction materials and supplies from numerous designated countries around the globe without having to satisfy the much more stringent BAA requirements, yet also contains recent heightened domestic preference requirements for construction materials primarily made of iron or steel. These TAA-approved countries, requirements, and protocols routinely change and are subject to varying interpretations by administrative agencies and federal courts.
• The IIJA “Buy America” Requirements. The Biden Administration’s new $2 trillion infrastructure bill contains its own “Buy America” requirements containing domestic preference requirements, which are similar to, but not identical to the BAA requirements, which indicates that inconsistencies and confusion will exist regarding these requirements on IIJA-funded projects.

Learning Objectives

In this session, you will learn the latest equipment, technologies, processes, and software which created robust building information models. Building models were developed to evaluate and calibrate existing infrastructure for future performance. See how engineers can make informed decisions to create high performance buildings. The case studies will review effective solutions for complicated retrofits on fully occupied 24/7/365 facilities with the use of BIM.

1. Explain the fundamental requirements of the BAA, TAA, and IIJA for contractors and A/E firms to provide compliant construction materials and supplies on federal projects;
2. Explain the multiple exceptions to the BAA, TAA, and IIJA general rules and when those exceptions apply;
3. Provide “best practices” for contractors and A/E firms to ensure current and future compliance with the BAA, TAA, and IIJA ever-changing requirements and duties.

Learning Units

This virtual session offers one (1) Professional Development Hour (PDH) certified by the SAME DC Post for live participants.

Host
CAPT David Harvey, PE, SAME DC Post 1st Vice President

Speakers
Doug Hibshman, Office Managing Partner, Fox Rothschild LLP
Dana Molinari, Associate, Fox Rothschild LLP

Please note there is a cost to attend.