Build America, Buy America Act (BABA)

Build America, Buy America Act (BABA)

1.  Should SRF projects covered by the BABA SRF Projects Design Planning Adjustment Period Waiver follow the same procedures for demonstrating compliance as outlined for American Iron and Steel requirements?

Yes, The SRF Design Planning Adjustment Period Waiver does not waive the iron and steel requirements under BABA.  The SRF programs have existing domestic preference requirements for SRF projects under CWA Section 608 and SDWA Section 1452(a)(4) (AIS requirements) to use iron and steel products that are produced in the United States.  Sections 70917(a) and (b) of the Bipartisan Infrastructure Law explain the application of BABA to existing domestic preference requirements.  Specifically, the savings provision in Section 7091(b) states that existing domestic preference requirements that meet BABA requirement are not affected by BABA.  The statutory AIS requirements were existing at the BABA became law and satisfy the BABA iron and steel requirements.  Therefore, the statutory AIS requirements that have previously applied to SRF-funded projects will continue to do so, and compliance with AIS requirements will satisfy the BABA iron and steel requirements.  Demonstration of compliance for iron and steel products will follow the AIS implementation policies for projects subject to this waiver.