White House Offers Final Guidance on Build America, Buy America (BABA)

Final BABA Guidance (link)

What materials are included in Section 70917 (c) Materials?

Under the final guidance, section 70917(c) materials mean cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

How are these materials treated under the final guidance?

Section 70917(c) of the BIL provides that ‘‘construction materials’’ shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

The final guidance clarifies that:

• Section 70917(c) materials, on their own, are not manufactured products.
• Section 70917(c) materials should not be considered manufactured products when they are used at or combined proximate to the work site (for example, wet concrete or hot asphalt mix brought to the worksite)
• Section 70917(c) materials (such as stone, sand, and gravel) may be used to produce a manufactured product, such as the case with precast concrete.