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How is compliance documented?  Will the recipient have to manage documentation in their records subject to audit?  With the application of the BABA conditional statement, it will be incumbent on the recipient to maintain records demonstrating their compliance with the requirement.  We suggest that the recipient develop language based on the BABA conditional statement found in their Notice of Award for inclusion in contracts and purchase orders for infrastructure projects; or the recipient records should contain documentation, like written statements from the manufacturer, contractor or business selling the item, attesting to the fact that the iron/steel, construction materials, and/or manufactured product meet the applicable BABA provision.  We anticipate that auditors may scrutinize this type of information to ascertain compliance with the BABA Act.

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