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BABA Resources for Housing Authorities

Latest Updates
Regulatory Waivers
FAQs
HUD Training on BABA

Latest Updates

PHADA Expresses Concerns to HUD on BABA and Offers Recommendations

From the March 26, 2025, Advocate

Recently, the PHADA had the opportunity to provide detailed information to leadership at the Department of Housing and Urban Development (HUD) related to Build America, Buy America (BABA). The information included primary concerns with specific industry examples, and recommendations for improvement that could make compliance with BABA more workable for all housing authorities (HAs). Below is the information submitted to the Department, including a summary of the industry’s most critical concerns. PHADA will continue to advocate for the exemption of HUD Federal Financial Assistance (FFA) from BABA requirements, and in lieu of an exemption, flexible and workable solutions for HAs.

Optional BABA Applicability and Compliance Checklists Available for HAs

New Resource Available for PHADA Members

Following requests from our members, PHADA has developed the Buy America Preference Applicability (BAP) Checklist as an optional tool that may be used or adapted to assist HAs with determining if the Build America, Buy America (BABA) Buy America Preference (BAP) applies to an infrastructure project funded by HUD Federal Financial Assistance (FFA). The BABA Applicability Checklist and associated Due Diligence Compliance Checklists follow analyses as described in Notice CPD 2023-12 and PIH 2025-06. .

Download the PDF checklists.

PHADA Requests Exemption from BABA Requirements

JANUARY 16, 2025—PHADA recently met with members at its annual Commissioners’ Conference in Miami, FL. Members expressed serious concerns related to adverse impacts of BABA on procurement, rehabilitation, and development in the affordable housing industry. Given these concerns, PHADA requested that the Department work with the new Administration’s Office of Management and Budget’s (OMB) Made in America Office (MIAO) to modify its interpretation of the statutory language related to the definition of infrastructure, and formally exempt Federal Financial Assistance (FFA) that contributes to the preservation and development of affordable housing from BABA requirements. Below is PHADA’s request to the Department; the Association will continue to keep members apprised of any updates.

Read the letter.

PHADA Fact Sheet: Build America, Buy America Applicable to All Federal Financial Assistance

As of August 23, 2024, Build America, Buy America (BABA) applies to all Federal Financial Assistance (FFA). Therefore, housing authorities (HAs) are required to ensure that they apply the Buy American Preference (BAP) to infrastructure projects that involve the use of iron, steel, manufactured products, and construction materials purchased with FFA that was obligated to the HA on or after August 23, unless a waiver applies. BABA does not apply to funding obligated by the Department of Housing and Urban Development (HUD) before this date, per HUD’s Phased Implementation schedule.

Download the PDF publication.

Build America Buy America (BABA)

Frequently Asked Questions, and Some Answers

On August 23, the Department of Housing & Urban Development’s (HUD) Phased Implementation Waivers ended; meaning that any HUD Federal Financial Assistance (FFA) obligated after August 23, 2024, may now be required to comply with the Build America, Buy America Act (BABA). Further, any funding obligated after August 23, 2024, added to ongoing infrastructure projects likely means that BABA applies to the entire project moving forward. Given the broad applicability of BABA to all FFA, excluding opportunities for a waiver, it is critical that housing authorities (HAs) become well informed on the rules, regulations, and requirements of compliance.

Download the PDF publication.

Regulatory Waivers

HUD General Waivers

HUD has approved several general applicability waivers for specific public interest circumstances as summarized below. When the circumstances of any public interest general waiver are applicable to an infrastructure project, BABA’s domestic content procurement preference does not apply.

Visit HUD’s What if I need a Waiver? webpage for more information on Small Grants, De Minimis, Exigent Circumstances, and Tribal Consultation general waivers. If your HA believes that a General Waiver applies, a waiver application is not required; agencies should document the reasoning for why the waiver applies, and retain those records with the project file.

HUD Specific Waivers

In addition to HUD’s general waivers, HUD may also request specific waivers from the BAP for covered FFA on a limited, case-by-case basis, after consultation and review with the MIAO at OMB.

Agencies may apply to waive the domestic content procurement preference if:

Requiring the use of the American made product would be inconsistent with the public interest (Public Interest Waiver);
The product you need is not produced in the United States in sufficient quantities or of a satisfactory quality (Non-Availability Waiver); or
The inclusion of the product produced in the United States will increase the cost of the overall project by more than 25 percent (Unreasonable Cost Waiver).

See below for additional descriptions of waiver categories.

Public Interest Waiver

This waiver is granted if requiring the use of the American made product would be inconsistent with the public interest. In their waiver application, Grantees should:

Explain how waiving the BABA requirement for this project or product serves the public interest.
Demonstrate definite impacts on the community if specific items, products, or materials are not utilized in an infrastructure project.

Non-Availability Waiver

This waiver is granted if the product needed is not produced in the United States in sufficient quantities or of a satisfactory quality. In their waiver application, Grantees should:

Demonstrate that they have conducted market research and adequately considered alternate items that meet the definition of Made in America.
Describe the due diligence performed, including information, quotes, and/or responses from manufacturers, distributors, or suppliers.

Unreasonable Cost Waiver

This waiver is granted if the inclusion of the product produced in the United States will increase the cost of the overall project by more than 25 percent. In their waiver application, Grantees should:

Demonstrate that BABA compliance increases total project cost by more than 25%.
Determine the additional cost of BABA compliant products.
Determine the dollar amount to be waived.
Demonstrate that no domestic alternatives are available within the project budget.

How Do I Apply for a Specific Waiver?

HUD reviews waivers before they are posted to the Federal Register for public comment and sent to the Made In America Office (MIAO) for approval. In general, the BABA Waiver Process follows these steps for approval:

Contact the HUD Program Office for BABA technical assistance as needed.
Prepare a waiver application with the information required by the MIAO. Please note that only the direct HUD recipients (grantees and public housing authorities) may submit the waiver application. HUD direct recipients are strongly encouraged to coordinate with their subgrantee(s) or subcontractor(s) to collect the necessary information for a waiver request using the PDF form here.
Submit a waiver application with all necessary information to HUD’s BABA Waiver Submission Site. Please contact: BuildAmericaBuyAmerica@hud.gov with any waiver-specific questions or technical difficulties. You may refer to this training video for how to submit a waiver. We recommend that you prepare to input all your waiver information in one session since there is no mechanism to save an unfinished application.
Provide additional information as requested by HUD during the review process to proceed with public comment in the Federal Register, and final approval by MIAO.
If approved, the waiver is posted on MadeInAmerica.gov.

Frequently Asked Questions

Advocate Special Edition: Build America Buy America (BABA)

Frequently Asked Questions, and Some Answers

Download the PDF publication

HUD FAQs

BABA is the Build America, Buy America Act. BABA requires any “infrastructure project” funded by any “Federal Financial Assistance” (FFA) apply a domestic content procurement preference, meaning that all iron, steel, manufactured products, and construction materials used in the infrastructure project have been produced in the United States, unless the awarding agency has issued a waiver of this requirement. This is called the “Buy American Preference” (BAP).