BABA Compliance

FAQ

Is my project governed by The Bipartisan Infrastructure Law?

1. The Broadband Equity, Access, and Deployment (BEAD) Program ($42.5 billion)

2. The Affordable Connectivity Program ($14.2 billion)

3. Digital Equity Planning, Capacity and Competitive Grants ($2.75 billion)

4. The Tribal Broadband Connectivity Program ($2 billion)

5. Rural Broadband Programs at the Department of Agriculture ($2 billion)

6. The Middle Mile Grant Program ($1 billion)

7. Private Activity Bonds (~$600 million)

What is the difference between construction materials and manufactured products under BABA?

Construction materials are products that consist only of plastic and polymer-based materials and may include minor additions of articles, materials, supplies, or binding agents. The inclusion of fiber optic cable in a construction material is acceptable and does not change the inclusion of a product as a construction material. Construction materials include all of our extruded conduit products (unless they feature metallic armor or a tracer wire) as they are made almost completely of a single polymer-based material and do not need to be combined prior to installation to perform their intended function.

Manufactured products are “articles, materials or supplies that have been processed into a specific form and shape or combined with other articles, materials or supplies to create a product with different properties than the individual articles, materials or supplies.” Couplers, conduit with more than a polymer-based material, and many other accessories are examples of manufactured products as they consist of multiple materials altered in form or function and/or combined, to produce a new product with a purpose that could not have been achieved by the individual components alone.

A simplified way to consider the difference is that construction materials are able to perform their intended purpose immediately upon creation and are wholly or nearly wholly from a single material, as opposed to manufactured products that must be combined after creation to perform their ultimately intended purpose. Even more generally (and therefore less accurately), one could think of construction materials as simpler in form than manufactured products.

Does everything I buy for my project have to be BABA-compliant?

No. You could purchase non-BABA-compliant products with separate funding (e.g., private funding), but anything bought with federal funding (e.g., BEAD) must be compliant. Depending on the government agency that issues the funding, there are de minimis waivers which allow a percentage of the total project cost to be exempt from BABA requirements.

I don’t buy direct from Dura-Line. How can I be sure my products are BABA-compliant?

Just as you’d let Dura-Line know about your BABA-compliance requirements if you were buying direct, simply inform your vendor when you request a quotation for Dura-Line products and include the requirement on your purchase order, then they’ll work with us to ensure compliance. Unfortunately, we cannot guarantee BABA-compliance if the requirement is not stated on your purchase order.

Can Dura-Line give proof of BABA compliance?

Yes, we can provide a Certificate of Conformance for BABA-compliant products. Remember, we cannot guarantee BABA compliance if the requirement is not stated on your purchase order.

Are there any other federal funding rules I should be aware of?

Yes. Any time federal money is spent, a series of domestic preference standards can apply, depending on the source of funding, the organization spending the money, and the value of the project:

• Buy American Act (BAA):
  Relates to the federal government as a purchaser and applies to purchases by any federal government agency unless the TAA applies. BAA requires contractors to deliver “domestic end products,” manufactured in the US, with at least 65% of the cost of components being domestic products. However, this threshold is waived for “Commercially available Off-The-Shelf” (COTS) items, provided they are US-made and sold to the government in the same form in which they’re sold to the commercial marketplace (i.e., non-government customers). 

Download the BAA Product Compliance Guide

• Build America, Buy American (BABA): 
  Applies to all projects funded by The Bipartisan Infrastructure Law, including The BEAD Program. Construction materials must be manufactured in the US. Furthermore, US mined, produced, or manufactured components must represent at least 55% of the total cost of manufactured products.

• DOT Buy America Requirements:   
  Applies to Department of Transportation (DOT) projects receiving Federal Transit Administration (FTA) funds, which can include federal or state DOT projects. Generally, all manufactured products must be produced in the US and all their components must also be of US origin, unless the purchase value is under $150,000.

Buy America (DOT & FTA) Product Compliance Guide

• Trade Agreements Act (TAA): 
  Relates to the federal government as a purchaser and applies to transactions above a certain threshold, after which stricter BAA rules are waived. The TAA allows for contractors to deliver products made not only in the United States, but also from certain “designated countries” with which the US has trade agreements.  

Want to learn more about BABA and Federal Spending? Take our Dura-Line Academy mini course!

Go to Dura-Line Academy