BABA

What is BABA?

The Build America, Buy America Act (BABA) requires that all iron and steel, construction materials, and manufactured products used in federally-funded infrastructure projects are produced in the United States. This requirement is known as the “Buy America Preference (BAP)”.

BABA Applicability

Community Planning & Development (CPD) funded infrastructure projects are subject to BABA once the obligation date has passed according to HUD’s Phased Implementation Waiver, unless the project is covered by another general waiver. For the purposes of BABA, an infrastructure project is defined as any project that includes construction, alteration, maintenance, or repair of infrastructure regardless of whether infrastructure is the primary purpose of the project.

BABA General Waivers

If all the conditions for a general waiver are met, the BAP requirements may be waived for that project, or a portion of the materials used in a project.

Waivers in effect until November 23, 2027:

  • Exigent Circumstances - For projects that must be completed immediately to protect life, ensure safety, or prevent the destruction of property.
  • De Minimis and Small Grants - For projects whose total cost (from all sources) does not exceed the simplified acquisition threshold value ($250,000), OR If covered BAP materials for a portion of the project comprise no more than 5% of the total cost of covered materials used in a project (not to exceed $1 million), the BAP can be waived for that portion of the project.

BAP Implementation Timeline

Chart showing the timeline of the implementation of Buy America Preference (BAP).

Text Version of the BAP Implementation Timeline

Products Covered

All manufacturing processes for the following materials must occur in the United States:

  • Iron and Steel
  • Construction Materials
    • Specifically Listed Construction Materials- items include non-ferrous metals, lumber, and plastic- and polymer-based composite building materials, pipe, and tube.
    • Not Listed Construction Materials- All other plastic- and polymer-based composite building materials, pipe, and tube. 
  • Manufactured Products- includes articles, materials, or supplies that have either been:
    • Processed into a specific form or shape, or
    • Combined with other articles, materials or supplies to create a product with different properties than the individual articles, materials, or supplies.

Resources

BABA Coordinator

The City of Dayton’s BABA Coordinator is Jordan Bereda. Subrecipients, Contractors, Subcontractors and others are encouraged to reach out via email with any questions regarding BABA.

Jordan.Bereda@daytonohio.gov