Avoid Costly Legal Mistakes – Are You BABAA Compliant – Reduce Indictments and Criminal Liability

Build America Buy America Compliance LawyersAt Watson & Associates, LLC, our government contracting attorneys provide counsel to companies, manufacturers, and contractors across the United States that are subject to Build America Buy America Act BABA requirements under 2 CFR Part 184 and other applicable statutes.

The law firm helps small businesses, large contractors, subcontractors, manufacturers and resellers to comb their existing BABA compliance policies and controls. If you are new to the public procurement market place our Build America Buy America Act attorneys can help by:

  • Performing corporate BABA requirements analysis
  • Developing initial internal compliance programs
  • Build America Buy America requirement investigations
  • Civil and criminal defense for allegations of Build America Buy America Act non-compliance

What is the Build America Buy America Act?

The Build America Buy America Act (BABAA) mandates that all iron and steel, construction materials, and manufactured products that are supplied as part of federally-funded infrastructure projects must be produced in the United States.

This applies to building roads and bridges, materials used, and various local aspects. Each company bidding on BABAA projects must be able to certify and prove, if necessary, that their products meet Build America Buy America Act requirements.

The Build America BABAA establishes a Domestic Content Procurement Preference requiring that:

  • all iron and steel used in the Federal financial assistance project be produced in the United States;
  • the manufactured products used in the Federal financial assistance project be produced in the United States; and
  • the construction materials used in the project be produced in the United States.

At the Department, infrastructure programs and activities are limited to only construction, and broadband infrastructure.

What are the Buy America Requirements?

Public contractors must meet two conditions for the Buy America requirements to apply: (1) the procurement must be intended for public use within the United States; and (2) the items to be procured or the materials from which they are manufactured must be present in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

Waiver of BABAA requirements: The provisions of the act may be waived if the head of the procuring agency determines the act to be inconsistent with the public interest or the cost of acquiring the domestic product is unreasonable.

Get Immediate Help Today and Avoid Civil and Criminal Liability. Call 1.866.601.5518

2 CFR 184.3 Definitions.

Acronyms used in this part have the same meaning as provided in 2 CFR 200.0. Terms not defined in this part have the same meaning as provided in 2 CFR 200.1. As used in this part:

Build America Buy America Act means division G, title IX, subtitle A, parts I–II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58).

Buy America Preference means the “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States.

Component means an article, material, or supply, whether manufactured or unmanufactured, incorporated directly into: a manufactured product; or, where applicable, an iron or steel product.

Construction materials means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material.

(1) The listed items are:

(i) Non-ferrous metals;

(ii) Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

(iii) Glass (including optic glass);

(iv) Fiber optic cable (including drop cable);

(v) Optical fiber;

(vi) Lumber;

(vii) Engineered wood; and

(viii) Drywall.

Differences Between Buy America RequirementsAnd Buy American

What is the Buy American Act?

The Buy American Act of 1933 implemented a program covering specific products and required the federal government to purchase domestic construction materials. The Building America as it applies to the Buy American Act implements a national preference for the government to procure only domestic materials used for public construction unless a waiver is issued by statute or by the procuring agency. when making your internal assessments, please carefully look at the difference between buy American vs buy America statutes

What is the Buy America Act?

The Buy America Act was established within Section 165 of the Surface Transportation Assistance Act of 1982, which was a transportation funding and policy act. The Act targets procurement and projects related to the transportation of highways and bridges. BABA Act or Buy America requirements give preference for the use of domestically produced materials on any Procurements funded at least in part with federal funds government. If you are seeking help under the Federal Highway or Department of Transportation DOT America, our BABA Act lawyers can help.

BABAA Requirements Waivers

The Department may approve a Build America Buy America Act waiver request submitted by grantees under its infrastructure programs or activities when it determines that certain exceptions apply. When comparing the Buy American Act to Build America Buy America, waivers of BABAA requirements are less likely to be issued. However, waivers and getting a BABA certification letter are looked at on a case-by-case basis.

At Watson & Associates, our Build America Buy America Act compliance lawyers. Work with managers and CEOs to examine their internal processes and Procurements to assess compliance and noncompliance.

When contractors face investigations for violating Buy America Build America requirements and efforts for building America, indictments and criminal liability our Federal defense lawyers can help.


For immediate help with Build America Buy America Act compliance requirements, call our BABA law firm at 1.866.601.5518. Speak to Theodore Watson.