Build America, Buy America Act Updates
Phased Implementation Waiver Ended
As of August 23, 2024, HUD’s phased implementation waiver for the Build America, Buy America Act (BABA) has ended. BABA applied to purchases of iron and steel using Federal Financial Assistance from the Office of Public and Indian Housing as of February 2024. It now applies to purchases of the other two categories of products, construction materials and manufactured products.
Importantly, determining whether the phased implementation waiver applies to a purchase is based on when the covered funding was received by an agency. PHAs will only need to comply with BABA when using money received after August 23 for construction materials and manufactured products and after the February deadline for iron and steel. BABA does not apply to purchases made with funding that was obligated during the phased implementation waiver.
Many CPD programs must comply with different dates, and a diagram of when each program must comply for each purchase type can be found here.
Additional BABA Resources from the Office of Community Planning and Development
On August 23, HUD’s Office of Community Planning and Development (CPD) announced additional BABA resources. HUD has published a checklist grantees can use to determine whether BABA applies to a given project and a certification form to help with compliance by subrecipients. Both of these forms are optional resources and their use is not mandatory.
For BABA resources, see HUD’s Build America, Buy America website and HUD Exchange site.
NAHRO continues to express our concerns about BABA’s impact on affordable housing to the federal government.