Build America Buy America: Companies Self-Certify Domestic Production for the BEAD Program

The U.S. Department of Commerce released the first version of this Self Certification list, which allows manufacturers who have invested in domestic manufacturing to voluntarily ‘certify’—at the risk of federal penalty—that certain equipment they make meets the domestic manufacturing requirement listed in the Build America, Buy America (BABA) waiver for the Broadband Equity, Access, and Deployment (BEAD) Program. This list is a direct response from manufacturer feedback that NTIA heard during the creation of the BABA waiver for the BEAD Program. Numerous companies expressed concern that their domestic manufacturing investment may be undercut by companies falsely claiming BABA compliance. Giving companies a self-certification option, with the safeguards of federal penalties for misrepresentations, helps create a level playing field and provide an additional layer of compliance with the BABA requirement. BEAD grantees and subgrantees will also still be responsible for confirming that equipment is compliant with BABA, consistent with grants law and regulations.