BABA, enacted in 2021 as part of the Infrastructure Investment and Jobs Act, now shapes the purchasing decisions behind nearly every federally assisted infrastructure project. This session traces how BABA grew out of earlier domestic preference laws and walks through the core statutory requirements. It then explains how OMB's 2 CFR Part 184 and agency guidance put those requirements into practice. Participants will leave with a clear framework for identifying when BABA applies, how to apply the requirements, and an introduction to the waiver process covered in Session 2.
Learning Objectives
After this session, participants will be able to:
- Describe the legislative and policy history behind BABA, including earlier Buy American and Buy America laws and the 2021 executive actions that led to the IIJA.
- Explain the core domestic content requirement and identify who must comply, what items are covered, and when the requirement is triggered.
- Find and read the key implementing authorities, including 2 CFR Part 184, OMB M-24-02 and agency-specific guidance
- Apply a step-by-step method to sort project materials into product categories and match each to its domestic standard.
- Identify the three statutory grounds for a waiver and tell general applicability waivers apart from project-specific ones.