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Does BABA apply to a metal shipping container used for storing equipment placed at a shooting range?  It depends.  The BABA provisions apply to articles, materials, supplies, and manufactured products that are consumed in, incorporated into, or affixed to an infrastructure project.  If the shipping storage container serves as an integral component of the project by providing secure storage for range equipment, targets, clay pigeons, etc. at a public shooting range, then the BABA provisions would apply.  Additionally, the container may be of a magnitude/size that it would be considered as incorporated into or permanently affixed to the public facility which would also require BABA compliance.

Marine pumpout systems are often funded with Federal financial assistance under the Clean Vessel Act (CVA) program and sometimes the Sport Fish Restoration (SFR) program.  Do marine pumpout systems meet the definition of infrastructure, and therefore applicable to the BABA domestic procurement requirements?

There are a variety of different types of marine pumpout systems that are typically funded under the CVA and SFR programs.  The BABA domestic procurement requirements must be considered on a case-by-case basis for each individual project.  In general, the most common marine pumpout systems include: (1) fixed (mounted) marine pumpout systems; (2) marine pumpout systems attached to moveable boats and other vessels (often called portable pumpout boats); and (3) marine pumpout units attached to movable carts that transported throughout a marine or between multiple marinas.

When determining whether an individual marine pumpout system meets the definition of infrastructure, the Service analyzes first whether the pumpout system is a structure or facility that is serving a public function, including whether or not it is publicly owned and operated, or privately operated on behalf of the public, or is a place of public accommodation.  As opposed to a structure or facility that is privately owned and not open to the public.  Pumpout systems with the former qualities have a greater indicator of infrastructure, while pumpout systems with the latter quality have a lesser indicator of infrastructure.

In the case of a fixed pumpout system that is permanently affixed to a dock or other structure and is publicly accessible by boaters to discharge waste, the Service interprets these systems as having a greater indicator of meeting the definition of infrastructure.  Conversely, marine pumpout boats or pumpout units attached to moveable carts are not generally considered infrastructure because they are not permanently affixed to a facility or structure.

Are floating restrooms funded under the Clean Vessel Act (CVA) program considered infrastructure and therefore applicable to the BABA domestic procurement requirements?

When determining if floating restroom meets the definition of infrastructure, the Service analyzes first whether it is a structure or facility that is serving a public function, including whether or not it is publicly owned and operated, or privately operated on behalf of the public, or is a place of public accommodation. Broadly, floating restrooms are facilities serving a public function and are open to the public. Furthermore, floating restrooms are permanently affixed to a dock or other structure where it is accessed by the public.  Based on these factors, the Service interprets a floating restroom as having a greater indicator of meeting the definition of infrastructure, and therefore, must comply with the BABA domestic procurement requirements.

Compliance:

How can product compliance with the BABA requirements be demonstrated?  Financial assistance recipients and their representatives should ensure that the products delivered to the construction site are accompanied by proper documentation that demonstrates compliance with the BABA Act and be made available to the funding authority upon request.  The documentation may be received and maintained in hard copy, electronically, or could be embedded in construction management software. The use of a signed certification letter for the project is the most direct and effective form of compliance documentation for ensuring products used in a covered infrastructure project are BABA-compliant prior to their installation.  Other forms of documentation are also acceptable as long as, collectively, the following can be demonstrated:

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