The OMB Made in America Office has provided additional guidance to Federal Agencies regarding the applicability of BABA requirements to housing projects.
Consistent with Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure (M-24-02), single family housing projects (buildings consisting of 1-4 dwelling units) are considered “private.” Accordingly, BABA requirements will not apply to HUD Federal Financial Assistance used to fund the construction, maintenance, alteration, or repair of such housing, as such projects are not properly classified as public infrastructure projects for purposes of BABA. However, BABA requirements will apply to projects involving the construction, maintenance, alteration, or repair of housing with 5 or more units (multifamily housing projects).
ONAP will issue additional guidance and update existing guidance for Tribal Recipients relating to BABA and housing projects soon. For now, ONAP encourages all Tribal Recipients to review PIH Notice 2024-35 closely and hold clarifying questions to ONAP staff. We are working on FAQs and will be updating BABA guidance soon to incorporate this new guidance from OMB.
