Programs and Definitions: Build America, Buy America Act

Includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of:

• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall

BABAA § 70917(c)(1)

All iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. BABAA § 70912(2).

Assistance that non-federal entities receive or administer in the form of grants, cooperative agreements, non-cash contributions or donations of property, direct assistance, loans, loan guarantees, and other types of financial assistance. It does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures.

BABAA § 70912(4); 2 C.F.R. § 200.1

Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

BABAA § 70912(5)

For iron or steel products, it means all manufacturing processes from initial melting stage through application of coatings must occur in the United States; for manufactured products, it means the product was manufactured in the United States, the cost of product components that are mined, produced, or manufactured in the United States is at least 55 percent of the total cost of all components;  and for construction materials, it means all manufacturing processes occurred in the United States. BABAA § 70912(6).

The construction, alteration, maintenance, or repair of infrastructure in the United States. BABAA § 70912(7).