FAQs

- What is the Build America, Buy America Act (BABA)?
- What is the purpose of BABA?
- What is the “Buy American Preference” (BAP)?
- What is “Federal Financial Assistance”?
- What is the effective date of the BABA implementation?
- Does BABA apply to awards made before 14 May 22?
- How does the DA BABA Waiver for de minimis purchases apply to NGB CA Awards?
- Does the DA BABA waiver apply to amendments or renewals of awards made before 24 March 24?
- Does BABA apply to no-cost amendments?
- Whom should I contact if I have additional questions about BABA?
- Where can I find training on BABA and waiver submissions?
- How long will BABA remain a requirement?

Does BABA apply to me?

- How will BABA impact recipients of FFA agreements (i.e., grants, cooperative agreements, and loans or subgrants/subawards)?
- If I am a subrecipient of Federal Financial Assistance funding for infrastructure, does BABA apply?
- Does BABA apply to small grants?
- I just received BABA funding, but I’ve already built some of my infrastructure project with funding that is not subject to BABA (e.g., foreign-produced steel). How do I remain in compliance with BABA?
- Which National Guard Cooperative Agreement (NGCA) programs are subject to BABA requirements?
- What would cause an NGB program to change BABA applicability status?
-I have questions about waiver applicability for Project-by-project waivers. When a project receives funding from multiple FFA programs, how will the funding recipient determine which general applicability waivers or adjustment period waivers apply?
- I have questions about the waiver applicability for Project-by-project waivers (funded from multiple Federal agencies). When a project receives funding from Federal assistance programs in multiple agencies?
- I have funding from multiple Federal sources (The FAA is a prime example for the NGCA program) and need a waiver. Do I have to apply for a waiver from every agency contributing funding?

What is "infrastructure"?

- How does BABA define “infrastructure”?
- What doesn’t the Buy America preference apply to?
- How does BABA define “Project”?
- If most of the project uses American made products and a small portion does not, what should I do?

How will BABA impact the products I purchase?

- How can I find products that are made in America?
- For iron and steel products, does a manufacturer need to demonstrate compliance from initial melting through the finished product?
- For products made of iron and steel, what is the difference between predominantly and primarily iron and steel?
- What is the definition of construction materials (with examples)?
- What are manufactured products?
- Are products and materials that purposefully decay or decompose (such as biodegradable coir material used for erosion control) considered permanently affixed items that are subject to the BABA requirements?

What if I'm unable to find American made products?

- How do I apply for a waiver?
- What types of general waivers has the Department of the Army & NGB already issued that may apply for all recipients?
- What should I do if I am covered by a program-wide waiver? Do I need to maintain documentation?
- Who may apply for a waiver and how do you apply?
- Can I submit one waiver submission that encompasses multiple projects?
- How will I know if my waiver is accepted or denied?
- How can I check the status of my waiver application?