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Buy America / Build America, Buy America (BABA) Compliance Checklist
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Helps agencies receiving federal infrastructure funds document domestic content requirements for iron, steel, manufactured products, and construction materials and process any waivers.
Build America, Buy America Act (IIJA)2 CFR 18449 U.S.C. 5323(j)23 CFR 635.410
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Applicability
- Is the project an infrastructure project using federal financial assistance subject to BABA? *
- Have the applicable agency Buy America requirements been identified (FHWA, FTA, FAA, EPA, etc.)? *
- Are the three material categories (iron/steel, manufactured products, construction materials) inventoried for the project? *
Iron, Steel & Manufactured Products
- Is all iron and steel produced in the United States (all manufacturing processes domestic)? *
- Are manufactured products manufactured in the U.S. with the required percentage of domestic component cost? *
- Are construction materials (e.g., non-ferrous metals, plastics, glass, lumber, drywall) manufactured domestically? *
Certifications & Documentation
- Have suppliers/contractors provided step certifications of Buy America compliance? *
- Are mill certifications and country-of-origin documentation retained? *
- Are Buy America contract clauses flowed down to subcontractors? *
Waivers
- If domestic material is unavailable or non-compliant, was a waiver (public interest, nonavailability, or unreasonable cost) requested? *
- Was the proposed waiver posted for public comment as required? *
- Is the approved waiver documented in the project file before use of non-domestic material? *
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