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Build America, Buy America (BABA) Umaine Guidance

BABA Requirements

The Build America, Buy America Act (BABA), enacted as part of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, 2021), establishes domestic content requirements for certain federally funded infrastructure projects.

Under BABA, iron, steel, manufactured products, and construction materials used in covered infrastructure projects must be produced in the United States, unless a federal agency grants an approved waiver.

Statutory Reference

How BABA Applies to University Projects

At the University of Maine, BABA may apply when federal financial assistance is used to support the construction, alteration, renovation, maintenance, or repair of permanently affixed campus infrastructure. These requirements apply to infrastructure projects and do not generally apply to standalone scientific equipment or movable research instrumentation.

Examples may include:

Construction or renovation of research laboratories or academic buildings
Installation or upgrade of campus utilities (water, wastewater, energy systems)
Broadband infrastructure projects
Electrical transmission or renewable energy systems
Major equipment installations that are integral to a building or facility
Other improvements to university-owned facilities or real property

Applicability depends on the specific federal award terms and agency implementation guidance. Not all federal awards include BABA requirements.

Why Early Planning Matters

BABA compliance can affect:

Project timelines
Procurement strategies
Material availability
Vendor selection
Project costs

Domestic sourcing documentation may be required, and waiver requests can take significant time for federal review.

Principal Investigators should consult with the Office of Research Administration and Facilities Management as early as possible when proposing or managing a project that includes infrastructure or construction components.

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