BABA applies to all infrastructure projects under Federal Financial Assistance programs. The definition of a Project is considered any activity related to the construction, alteration, maintenance, or repair of infrastructure in the U.S. The definition of Infrastructure means anything fixed, permanent, and that serves the public interest.
BABA covers all federal funding and includes all state revolving funds (SRF) as well as the Water Infrastructure Finance and Innovation Act. BABA applies to all new Federal funded awards or ongoing Federal awards that receive additional funding after May 14th, 2022.
All iron, steel, manufactured products, and construction materials must be produced in the United States with final manufacturing in the United States The cost of components that are mined, produced, or manufactured in the U.S. must be greater than 55 percent of the total cost of all components of the manufactured product. Oversight of this law will be handled by the Made in America Office (MIAO).
To comply with the Buy America Act, contractors and suppliers must provide a certification. The government may require additional compliance documentation, such as bills or material, production reports or other evidence to support the certification.