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The Build America, Buy America Act (BABA) was enacted as part of the 2021 Infrastructure Investment and Jobs Act (IIJA) through Executive Orders M-22-11 (PDF); M-24-02 (PDF). The IIJA establishes a domestic preference requirement for federally funded infrastructure projects to support growing industries in the United States. BABA applies to any materials purchased as part of a federally funded project within the following categories:
- Iron or steel products.
- Manufactured products.
- Construction materials.
Compliance with BABA requires that contractors provide manufacturer specifications and certifications of compliance before ordering any materials for an infrastructure project. All proposed materials must be reviewed and approved by State Energy Conservation Office staff before project commencement.
Where applicable, award recipients may apply for a waiver from the Department of Energy (DOE) prior to project commencement. Waivers are granted solely at the discretion of DOE following review and may take up to 90 days to review.
For questions regarding IIJA programs, please contact Kacy Wycoff.