Documenting Compliance with Build America, Buy America Act
Provides an overview of the requirements and FEMA financial assistance applicability under the Build America, Buy America Act (BABAA), FEMA’s waiver authority and waiver types, and review of additional FEMA resources.
Date: February 22, 2023
Time: 4:00 pm - 5:00 pm
Phone Number: 1- 800-320-4330
Access Code: 428092#
FEMA’s Grant Programs Directorate (GPD) is offering a one-hour briefing on the domestic preference requirements of the Buy America Build America Act (BABAA). The briefings will also cover best practices for documenting compliance with BABAA.
The BABAA requires all federal agencies, including FEMA, to ensure that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” 23 of FEMA’s financial assistance programs are now subject to the BABAA requirements. These requirements only apply to awards or funds obligated on or after January 2, 2023, and do not apply to awards or funds obligated during the waiver period that was from July 1, 2022 to January 1, 2023.
Not all FEMA financial assistance programs are subject to BABAA. Most disaster financial assistance programs are not subject to BABAA requirements, including the Public Assistance (PA), Hazard Mitigation Grant Program (HMGP), Individual Assistance (IA), and Fire Mitigation Assistance Grant (FMAG) programs. For a list of FEMA financial assistance programs not subject to BABAA please visit Programs and Definitions: Build America, Buy America Act.
The BABAA briefings will:
- Review the BABAA requirements and their applicability to FEMA financial assistance programs and projects.
- Review the requirement for a contract clause and self-certification of compliance with BABAA, including suggested language. The briefings will also cover a recommended practice to request a manufacturer certification, including sample language.
- Describe FEMA’s waiver authority and waiver types and go over the elements for a waiver request and the process for requesting waivers of the BABAA requirements.
- Provide additional resources.
These briefings are appropriate for all FEMA award recipients and subrecipients under FEMA financial assistance programs subject to BABAA.
Additional information on FEMA’s Policy implementing OMB Memo M-22-11 is forthcoming. If you have any questions, please contact your applicable point of contact for more information, including: