The Build America, Buy America Act (BABA), enacted as part of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021, adds to the existing body of federal laws that require certain items be produced in the United States. BABA requires that, as of May 14, 2022, iron, steel, manufactured products, and construction materials used in federally assisted infrastructure projects be produced in the United States, unless a waiver applies.
The Infrastructure Investment and Jobs Act charged the National Telecommunications and Information Administration (NTIA) with establishing the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program and ensuring that BEAD-funded broadband infrastructure projects comply with the Buy America Domestic Content Procurement Preference (Buy America Preference) of the Build America, Buy America Act (BABA).
The National Telecommunications and Information Administration (NTIA) has issued a proposed waiver to some of the Buy America rules for BEAD recipients. NTIA wrote that certain items “are not produced in the United States in sufficient and reasonably available quantities or a satisfactory quality that can fully comply with all requirements of the Buy America Preference under BABA.”
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