Which agencies enforce BABA? A cross-agency guide

The question of which agencies enforce BABA has a two-part answer. At the top sits OMB, whose Made in America Office issues the government-wide guidance every agency has to follow. Below that, each funding agency applies the standard to its own programmes and publishes its own guidance, which is where the practical differences live. So the honest answer is: OMB sets the baseline, and the agency funding your project enforces it. Here is the landscape.

OMB: the government-wide baseline

The Office of Management and Budget, through its Made in America Office, issues the guidance that defines the three categories, the 55 percent manufactured-products threshold and the waiver framework. Individual agencies cannot go softer than this baseline. When you want the authoritative rule rather than an agency gloss, OMB M-24-02 is the document, and our OMB agency page summarises the standard it sets.

The Made in America Office oversees and coordinates the implementation of the domestic content procurement preferences across federal agencies. (OMB)

FHWA: the highway programme

The Federal Highway Administration runs the federal-aid highway programme, which is the largest single pool of BABA-relevant spend in the country. If your project involves roads, bridges or transit-adjacent structures funded through FHWA, its guidance is what binds you. The FHWA agency page and the category breakdowns, such as iron and steel under FHWA, carry the specifics.

EPA State Revolving Funds: water infrastructure

The EPA's Clean Water and Drinking Water State Revolving Funds channel federal money to water and wastewater projects, usually through state agencies. BABA applies, and the SRF programmes have their own implementation guidance. If you are bidding on a treatment plant or a pipe replacement, see the EPA SRF page and our dedicated EPA SRF compliance guide.

USDA Rural Development: rural infrastructure

USDA Rural Development funds infrastructure in rural communities, from water systems to broadband. Its projects are often smaller and its audience less resourced, which makes clear guidance more valuable, not less. The USDA Rural Development page sets out how the standard applies.

Why the differences matter

The three categories and the headline thresholds are consistent because OMB sets them. What diverges is the detail: how an agency handles waivers, what documentation it wants, and how it treats edge cases in its sector. That is why the first line of any determination is the agency, not the material. Bid against the wrong agency's guidance and your compliant verdict is meaningless. The federal Made in America guidance is the umbrella that ties it all together.