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What type of Service-funded projects does BABA affect? BABA applies to any public infrastructure project carried out in the United States under federal awards issued, or amended to add funding, after May 14, 2022, unless to project is covered by an applicable waiver (see waiver section below).
Does BABA apply to my project? BABA requirements apply when ALL the following conditions are met:
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Recipients may also request project-specific or product-specific waiver. These waiver options are discussed below.
Do U.S. federally financed infrastructure projects outside of the United States have to comply with BABA? No. Under 2 CFR 184.1, BABA only applies to infrastructure projects in the United States." Projects occurring in Canada, Mexico, or other countries are not subject to BABA.
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Recipients should request written confirmation from the manufacturer that the product meets the 55% component cost requirement. If the manufacturer cannot verify compliance or no compliant option is available, then the recipient would need to submit a product-specific waiver request (see below).
Does the Service have a certificate of origin template available for documenting compliance with BABA? No, the Service does not have a certificate of origin template available, nor do we require a specific format for certifying or documenting compliance. Certifications may be in any format, provided they:
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If project costs exceed the SAT due to cost overruns paid entirely with non-Federal funds, does the small grants waiver still apply? No. Any project that is funded in whole or in part with federal assistance must comply with the BABA requirements. The threshold for the small grants waiver is at the total award level, which includes all federal funds, cost share contributions, and other costs required to complete the approved project (i.e., “overmatch”). Since the total costs exceed the SAT, the small grants waiver would not apply (see project expenses section above).
De Minimis General Applicability Waiver
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This section describes BABA waivers that were in effect following the passage of the IIJA, but which have since expired. These expired waiver may have overlapped a portion of the Period of Performance for an existing award. Recipients should ensure that the BABA exemptions provided by these expired waivers were only applied to applicable applicable portions of their award Period of Performance. . For information on current BABA waivers, refer to section section above.
DOI General Applicability Waiver – Six-Month Adjustment Period
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Allowed the use of non-domestic iron, steel, manufactured products, and construction materials in infrastructure projects located within the Pacific Island territories of CNMI, Guam, or American Samoa when the total Federal award exceeded the Simplified Acquisition Threshold. For current projects, refer to the Multi-Agency Pacific Island Territories Waiver described in the previous section.
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A one-year general applicability waiver to BABA requirements for federal financial assistance agreements awarded to Federally recognized Indian Tribes. For current projects, refer to the Multi-Agency Tribal Waiver described in the previous section.
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Recipients seeking a waiver from BABA requirements should first verify that the project is subject to BABA (see Applicability section above). If BABA requirements apply, and compliance with BABA is not feasible, a recipient may request a BABA waiver for a specific grant or project, subject to review by the Made in America Office, if they can adequately demonstrate:
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