Demonstrating compliance with the Buy America requirement

A framework for Build America, Buy America (BABA) self-certification and compliance in the Broadband Equity, Access, and Deployment (BEAD) Program:

1. Self-Certification: Manufacturers, at the risk of federal penalty, can choose to certify that certain equipment they produce meets the domestic manufacturing requirements described in the BEAD BABA waiver. The Department of Commerce (DOC) will host a BEAD BABA Self-Certification page listing manufacturers that have completed the certification process. Instructions for how to add your company’s BABA-compliant equipment to the list can be found under the “Approved Waiver” section on the DOC BABA page.

• Manufacturers are not required to self-certify. The Self-Certification list is a voluntary mechanism to limit fraudulent claims of BABA compliance.
• In the coming weeks, NTIA will release the first version of the Self-Certification list. This list will be updated on a regular basis.

2. Compliance:

• Manufacturer’s BABA certification letter: Manufacturers are required to provide a BABA certification letter to a subgrantee for equipment that requires domestic production in the BEAD BABA waiver. Subgrantees are required to maintain this certification letter in the event of an audit. More information about the manufacturer certification letter can be found at the BBUSA BABA Compliance and Self Certification page.
• Waiver Reporting: Subgrantees will be required to report certain information on finished waived electronics used in BEAD deployments. This information will be used to better understand the electronics used in domestic broadband deployments, including the specific types of equipment, their ubiquity, and their country of origin.
  
  • Information on the specific reporting requirements that NTIA will require subgrantees to track for finished waived electronics can be found at the BBUSA BABA Compliance and Self Certification page.