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If you manufacture or supply products into federally funded infrastructure projects, BABA compliance is no longer a background concern. It’s a gatekeeping requirement.
The Build America, Buy America Act (BABA) doesn’t just ask where a product is made — it demands provable, auditable evidence across manufacturing, materials, and supplier documentation.
This checklist breaks BABA down into clear, actionable steps so manufacturers and suppliers can validate eligibility before bids, audits, or funding reviews.
1: Confirm Whether BABA Applies to the Project
Before touching documentation, answer one question:
Does this project receive federal financial assistance for infrastructure?
BABA typically applies to projects involving:
- Transportation and transit
- Water and wastewater systems
- Energy and power infrastructure
- Broadband and telecom networks
- Public buildings and community facilities
Checklist
- Identify the funding source for each project
- Confirm whether federal funds are involved
- Document applicability at the project level
Mistake to avoid: Assuming BABA doesn’t apply because your contract is with a state, city, or EPC — federal funding still triggers BABA.
2: Classify Each Product Correctly
BABA compliance depends on how each supplied item is categorized. This is where most failures start.
BABA Material Categories
- Iron and steel
- Manufactured products
- Construction materials
Each category has different domestic manufacturing rules.
Checklist
- Assign a material category to every product
- Document why that classification applies
- Validate classification consistency across BOMs
Mistake to avoid: Treating everything as a “manufactured product” without reviewing embedded materials.
3: Validate Manufacturing Locations
BABA is manufacturing-centric, not labeling-centric.
You must know:
- Where manufacturing steps occur
- Where final assembly happens
- Whether any processing occurs outside the U.S.
Key requirements
- Iron & steel: All manufacturing processes must occur in the U.S.
- Manufactured products: Manufacturing and final assembly must occur in the U.S.
- Construction materials: Must be manufactured in the U.S.
Checklist
- Identify manufacturing locations for each product
- Confirm no foreign processing steps violate BABA rules
- Document manufacturing flow clearly
Mistake to avoid: Relying on “Made in USA” labels without process-level proof.
4: Review Electronics and Embedded Components
Electronics and technology suppliers are frequently caught off guard by BABA.
If your products are used in:
- Broadband infrastructure
- Energy systems
- Water treatment facilities
- Smart infrastructure or controls
…they may fall under manufactured product or construction material rules.
Checklist
- Identify electronic assemblies tied to infrastructure use
- Review embedded materials (fiber optics, glass, cemented housings)
- Confirm compliance at both product and component levels
Mistake to avoid: Assuming electronics are exempt because they’re not “construction materials.”
5: Collect Supplier-Level Declarations
BABA compliance is only as strong as your weakest supplier.
Manufacturers and suppliers must collect written, traceable declarations.
Required evidence often includes:
- Country-of-origin statements
- Manufacturing and assembly location details
- Material classification confirmation
- Sub-supplier declarations, where applicable
Checklist
- Collect declarations from all relevant suppliers
- Ensure declarations are current and project-specific
- Store documentation centrally
Mistake to avoid: Using generic or outdated declarations across multiple projects.
6: Verify Waiver Applicability (If Any)
BABA waivers are not automatic and not transferable.
Waivers may apply only when:
- A formal waiver has been issued
- The waiver applies to the specific project
- Documentation is publicly available and traceable
Common waiver types:
- Public interest
- Non-availability
- Unreasonable cost
Checklist
- Confirm whether a waiver exists
- Verify it applies to the specific project and material
- Retain waiver documentation with project records
Mistake to avoid: Assuming a waiver exists because a similar project received one.
7: Prepare for Audit and Review
BABA compliance is enforced through reviews, audits, and bid evaluations.
You must be able to produce documentation on demand.
Auditors may request:
- Product-level origin evidence
- Supplier declarations
- Material classifications
- Manufacturing location proof
Checklist
- Maintain audit-ready documentation
- Ensure records are searchable and retrievable
- Align documentation with each project
Mistake to avoid: Scrambling to collect evidence after a review request arrives.
8: Maintain Ongoing Compliance
BABA compliance is not one-time.
Changes in:
- Suppliers
- Manufacturing locations
- Materials
- Project funding
…can invalidate prior compliance.
Checklist
- Revalidate compliance when suppliers change
- Update documentation for new projects
- Monitor BABA guidance and enforcement updates
How Acquis Helps Manufacturers and Suppliers Stay BABA-Compliant
Acquis enables structured, repeatable BABA compliance by supporting:
- Product- and component-level country-of-origin tracking
- BOM validation aligned with BABA material rules
- Supplier declaration workflows with evidence capture
- Centralized, audit-ready documentation
Result:
Manufacturers and suppliers reduce bid risk, avoid disqualification, and stay defensible across federally funded infrastructure projects.