Country of Origin & Buy America: Build America, Buy America (BABA) and Other Federal Grant Programs

Country of Origin & Buy America: Buy American Act Series 2025

Doing business with the government – not just the U.S. Government, but also state and local governments – requires companies to operate in a highly regulated arena. In recent years, the government has placed significant emphasis on contractor supply chains, including through the imposition of ever-growing and evolving domestic preferences and country of origin requirements.

Commonly referred to as “Buy America” requirements, there is no single statute or regulation governing country of origin requirements, with specific requirements changing based on a variety of factors – including contract size, type of materials purchased, the purchasing entity, and even the nature of the procurement itself. To make matters even more complicated, in certain instances “Buy America” requirements yield to international agreements, placing the U.S. free trade partners on equal footing with U.S.-based companies.

How can you know what is and what is not acceptable under your contract? How can you ensure that you are not falsely certifying compliance with a country of origin requirement that you do not understand? Join David Gallacher (Kutak Rock LLP) and Ariel Debin (Sheppard Mullin LLP) as we explore these questions in this comprehensive 9-part series navigating the complicated “Buy America” maze and exploring in depth the most common country of origin requirements under government contracts.

Throughout this series, attendees will learn about:

• The various “Buy America” and “Buy American” regimes, including recent updates over the last year;
• Country of origin tests adopted by U.S. Federal agencies, including the requirement to “manufacture” or “substantially transform” a manufactured product in a specific country;
• Requirements unique to federally-funded Infrastructure and grant programs, including new requirements imposed by the Build America, Buy America (BABA) Act and longstanding requirements under federally-funded transportation projects;
• Special rules uniquely applicable to Defense Programs, like the Berry Amendment and Specialty Metals restrictions;
• Exceptions and waivers that may be available for non-conforming products;
• The differences between a “Buy American” certification and a “Made in the U.S.A.” label on product packaging;
• How sanctions and other prohibited sources rules can affect your country of origin compliance; and
• Compliance best practices for government contractors, including tips to lower the risks of False Claims Act violations and other false certifications, exploring real-world examples.

Country of Origin & Buy America 2025 Series
Second Wednesday of the Month, 10:00-11:30am ET

• January 8 – Buy American Act
• February 12 – Trade Agreements Act
• March 12 – Build America, Buy America and Other Federal Grant Programs
• April 9 – Buy America Requirements under Federally-Funded Transportation Contracts and Programs
• May 14 – Customs and “Made in the U.S.A.” Labeling
• June 11 – DOD: The Berry Amendment
• July 9 – DOD: Specialty Metals Restrictions
• August 13 – “Buy America” Round-Up: Additional Country of Origin Requirements
• September 10 – Sanctions and other Prohibited Sources

Session 3: Build America, Buy America (BABA) and Other Federal Grant Programs

Companies who do business with the federal, state, and local governments outside of traditional government contracting are not exempt from country of origin requirements, especially when federal funds are used to fund local infrastructure projects. Federal grant programs administered through state and local governments are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200), as well as agency-specific rules, regulations, and standard terms and conditions. This is in addition to any terms and conditions further imposed on grant recipients by state and local governments. To complicate things further, recipients now also are subject to new government-wide “Buy America” requirements implemented in the 2021 Infrastructure Investment and Jobs Act, the Build America, Buy America (BABA) Act. In Part 3 of this 9-part series, we discuss country of origin requirements under federal grant programs, with a particular emphasis on BABA, recently published guidance implementing BABA requirements, and how agencies have prepared for compliance with Congress’ mandate.

In this session, we will cover:

• Build America, Buy America (BABA) requirements;
• How to distinguish between “iron and steel” products, “construction materials,” and other “manufactured products” under BABA;
• Overview of domestic preference requirements under 2 C.F.R. Parts 184 and 200;
• Compliance tips and suggestions when performing under state or local contracts that incorporate federal country of origin requirements.