On August 23, 2023, the Office of Management and Budget (OMB) issued Final Guidance on implementing Build America Buy America (BABA) provisions. The guidance follows OMB’s request for comments on the subject earlier this year (see attached notification).
A copy of the Federal Register Notice is attached for your use, or you may access it directly here:https://www.federalregister.gov/documents/2023/08/23/2023-17724/guidance-for-grants-and-agreements
Through this action OMB has added new 2 CFR Part 184 and revised 2 CFR 200.322 to address implementation of the BABA requirements for domestic content. Key items covered in the new and revised sections include, but are not limited to the following:
definitions for key terms including Iron and steel products, manufactured products, and construction materials;
guidance for determining the cost of components of manufactured goods; and
guidance on proposing and issuing waivers
The guidance has an effective date of October 23, 2023 and will be required for projects that are obligated on or after that date.