Build America, Buy America Act (BABA)

The Build America, Buy America Act (“BABA”) was signed into law by President Biden on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58). The intent of BABA is to stimulate private sector investments in American manufacturing, bolster critical American supply chains, and support the creation of jobs so America’s workers and firms can compete and lead globally for years to come.

BABA requires that certain materials purchased in connection with infrastructure projects, which includes all housing projects developed with MaineHousing, funded by Federal financial assistance programs be produced in the United States. This requirement is known as the Buy America Preference (“BAP”). An infrastructure project is defined as any project that includes construction, alteration, maintenance, or repair of: buildings and real property; utilities; water systems (drinking water and waste water); electrical transmission facilities and systems; broadband infrastructure; and transportation infrastructure. Any federally funded infrastructure project that uses iron and steel, manufactured projects and/or construction materials must ensure the materials are produced in the United States.

For more information and additional guidance on BABA you may visit HUD’s website at Welcome to HUD Exchange - HUD Exchange.

The BAP currently applies for the following HUD Programs, which MaineHousing administers, subject to change if HUD establishes a new program:

• Continuum of Care (CoC)
• Emergency Solutions Grants (ESG)
• HOME Investment Partnerships Program (HOME)
• Housing Trust Fund (HTF)
• Recovery Housing Program (RHP)

   BABA Guide & Appendixes