If your project is funded by a federal infrastructure program, your contract may include Build America, Buy America (BABA) requirements. That changes your submittals: besides proving that a product meets the spec, you must document where it was made. This guide explains what BABA covers and what to include.
Not legal advice
Requirements differ by funding agency, program and contract, and agencies issue their own guidance and waivers. Always follow your contract documents and the funding agency’s instructions.
What Build America, Buy America requires
BABA was enacted in 2021 as part of the Infrastructure Investment and Jobs Act. It applies to infrastructure projects funded with federal financial assistance and covers three groups of products permanently incorporated into the project:
| Category | General rule (per OMB guidance, 2 CFR part 184) |
|---|---|
| Iron and steel | All manufacturing processes, from initial melting through the application of coatings, must occur in the United States. |
| Manufactured products | Manufactured in the United States, with the cost of US-made components greater than 55% of the cost of all components. |
| Construction materials | All manufacturing processes in the United States. Covers non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable and optical fiber, lumber, engineered wood and drywall. |
Agencies can grant waivers, for example when a product is not available domestically, when domestic content would raise the overall project cost by more than 25%, or when it is in the public interest. Many programs also apply a de minimis waiver for a small share of the total cost of materials. Check whether your project has any waivers before you assume a product is exempt.
BABA is not the same as other domestic preference rules
- Buy American Act applies to direct federal procurement under the FAR.
- American Iron and Steel (AIS) applies to certain EPA-funded water infrastructure projects.
- Buy America (FHWA and FTA) rules apply to highway and transit projects and have their own details.
Your specification or contract should name which rule applies. If it does not, ask before you submit.
What to include in a BABA submittal
- A product list showing every covered item in the package and which category it falls in.
- Manufacturer certifications stating where the product was manufactured and, for manufactured products, that it meets the domestic content threshold.
- Mill certifications for iron and steel showing where the material was melted and manufactured.
- The agency’s certification form, if the program has one, signed by the right party.
- Waiver documentation for any product covered by an approved waiver.
Common BABA submittal problems
- Generic “Made in USA” marketing statements instead of a signed manufacturer certification.
- Certifications that cover a product line, not the specific models being supplied.
- Steel products without mill certificates showing the melt location.
- Distributors certifying products they did not manufacture.
- Requests for certifications made too late, after the product is ordered.
Start BABA documentation at the same time as the product submittal, not at closeout. We collect and organize these certifications as part of our submittal preparation service, for every division in your scope.