Build America, Buy America (BABA Act)

Build America, Buy America (BABA) Act requirements

Public Law No. 117-58, Sections 70901-52 – regarding the requirement that iron, steel, manufactured products, and construction materials used in the project must be produced in the United States.

BABA applies to all “equivalency” State Revolving Fund (SRF) projects funded beginning with the State Fiscal Year 2023 Clean Water State Revolving Fund and Drinking Water State Revolving Fund Intended Use Plans, which use federal fiscal year 2022 grant funding, and subsequent state fiscal years.

BABA applies to the SRF capitalization grant awards from the federal annual appropriations and the awards from the supplemental funding from the Infrastructure Investment and Jobs Act (IIJA) of 2021, including the special funding for Lead Service Line Replacements (LSLR) and addressing Emerging Contaminants (EC).

A recipient of an applicable CWSRF or DWSRF program equivalency project must ensure that the project remains in full compliance with the BABA Act. All of the iron, steel, manufactured products, and construction materials used in the project must be produced in the United States or the project must comply with waivers granted by the U.S. Environmental Protection Agency (EPA) under the BABA Act.

At FCS we are proud to support the Build America, Buy America (BABA) Act by providing high-quality, American-made water leak detection equipment. Our innovative solutions are designed to help safeguard vital water infrastructure, reduce waste, and ensure efficient water management—all while complying with the BABA Act’s commitment to using domestically manufactured products. Together, we’re helping build a sustainable and secure future for America’s water systems. Below you will find some resources to help you navigate the appropriate funding for your utility based on the state you are in.

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KEY NOTES

BABA Act defines Made in America as: 

  • 100% of the iron and steel used (this is the same as the American Iron and Steel Act).
  • 55% of the manufactured products.
  • 100% of construction materials.

BABA applies:

  • To any project without an approved waiver, started after May 14, 2022.
  • All equivalency SRF Projects (equivalency projects follow various federal laws, regulations and executive orders relating to architectural and engineering procurement, surveillance services and equipment procurement, federal cross-cutting authorities, National Environmental Protection Act (NEPA) environmental review, disadvantaged business enterprises, and the Single Audit Act, as applicable).

American Iron and Steel requirements are equivalent to iron and steel requirements in BABA. However, a project will only be subject to BABA or AIS requirements.

Compliance Requirements 

It is the Applicant’s responsibility to:

  • Ensure all construction and purchase contracts are executed in compliance with BABA Act;
  • Maintain records of all forms/certifications necessary to document compliance; and
  • Be able to provide compliance documentation upon request

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