There are several steps Grantees must complete to comply with BABA.

Determine if you or your project are subject to BABA.

Please review the Does BABA Apply to Me? section and the Frequently Asked Questions (FAQs) section.

Review implementation materials from all Federal agencies contributing FFA, including any relevant waivers issued by each agency.

Please refer to the Implementation Notices below.

Determine whether you will need to seek a waiver of the application of the BAP and which type of waiver you intend to seek from each agency.

HUD has issued several General Waivers that may apply to your award. If covered by an existing General Waiver, you may not have to submit a waiver application for your project. See What if I Need a Waiver?: General Waivers to learn more.

If no existing waiver applies, you may apply to waive the domestic content procurement preference if:

• A waiver is in the public interest (Public Interest Waiver);
• The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or satisfactory quality (Nonavailability Waiver); or,
• The application of the domestic content preference would increase the cost of the overall project by more than 25% (Increased Cost Waiver).

See What if I Need a Waiver?: Specific Waivers to learn more.

Please review MadeInAmerica.gov for any additional information.

Comply with steps to secure waivers from all funding sources. Conduct market research as needed.

To maintain compliance, you must be sourcing compliant materials or requiring your contractor to do so. You may have to conduct market research to find domestic products. You may identify domestic products that comply with BABA definitions through working with them Hollings Manufacturing Extension Partnership (MEP), trade associations, and local manufacturers/stores.

The MEP has provided guidance on how to find domestic suppliers here. You may contact the NIST MEP supplier scouting team for assistance to help you complete the opportunity synopsis and answer any questions. For MEP supplier scouting needs that are limited to state-based identification of potential manufacturers within an individual state, versus on a national scale, please contact the local MEP Center for that state.

For the latest resources, please refer to MadeInAmerica.gov.

Ensure contracts for covered activities require compliance.

Obtain documentation of compliance consistent with implementation requirements from all relevant agencies.

Grantees must keep proper documentation to demonstrate compliance with BABA for purchased products covered by the Act, which may include either documentation that the products are BABA compliant or manufactured in the U.S. For projects that are co-funded, there may be other requirements from other funding providers.

If the purchase of the products was covered under a General Waiver, keeping documentation is not required. If no existing waiver applies, but you believe that one of the other exemptions covers your project or products, you may apply to waive the domestic content procurement preference. If the waiver is granted, you should keep proper documentation of that as well.

Retain per agencies’ requirements.