BABAA
The Build America, Buy America Act (hereafter “BABAA”) – enacted on November 15, 2021 – sets forth a domestic content procurement preference (“Buy American Preference” hereafter referred to as “BAP”) for infrastructure programs funded with Federal dollars. As the NBRC routinely funds infrastructure projects as part of its Catalyst grant program and anticipates funding infrastructure projects as part of its Bipartisan Infrastructure Legislation (BIL) programs beginning in FY’23, BABAA governs future Northern Border Regional Commission (NBRC) infrastructure investments.
A Buy America preference only applies to the iron and steel, manufactured products, and construction materials used for the infrastructure project under an award. Specifically, IIJA §70914(a) of Pub. L. 117-58, instructs Federal agencies to ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured product, and construction materials used in the project are produced in the United States.”
The Office of Management and Budget continue to work on defining additional terms like “manufacturing processes” and “construction materials” through the rulemaking process. As more information becomes available, NBRC will update our website and resource materials with additional guidance.
- Request for Public Comment - BABAA Waivers
The NBRC will post notices for a period of 15 days, and encourages public comments on waivers, specifically with regard to the proposed length, purpose, and scope. These comments will inform whether additional changes are needed prior to the issuance of the final notices.
- Current waiver notice(s)
- Waiver Requests Approved
Please see below for NBRC’s currently available BABAA guidance and resources for additional information.
If you are a current NBRC grantee and received guidance that your project must comply with BABAA, and have specific questions related to your project, please reach out to the NBRC team via our admin@nbrc.gov e-mail address and note your NBRC award name and number in the subject line.
BABAA Contract Level Compliance and Certification Letters
September 23 LDD Training/BABAA Slides
September 23 LDD Training/BABAA Video