In the heat of the summer, the National Telecommunications and Information Administration (NTIA) released new Build America Buy America (BABA) compliance guidelines for the Broadband Equity Access Deployment (BEAD) Program. Many folks missed this in the myriad of trade shows and other BEAD news and state activities over the last few months.
But fall is here, kids are back in school, Halloween décor is being pushed at your favorite retailer and we all know that Q4 will fly by faster than you can say pumpkin spice latte. So, I’ll cut to the chase: this guidance is focused on what states and applicants/subrecipients need to do to prove BABA compliance. If you are preparing a BEAD application, this is important information! This primer will highlight the key parts of the guidance… you can consider it your “Cliff’s Notes.”
Manufacturer BABA Self-Certification and Compliance
The final BABA waiver released by NTIA in February noted that it would establish a list of companies that self-certify products manufactured in the U.S. in accordance with the waiver. The guidance in July detailed the steps companies should take to self-certify products under federal penalty.
While NTIA will not be responsible for keeping a list of individual products, NTIA will maintain a list of company certifications with a link to each manufacturer’s website, where they have published a public facing webpage with the products that meet the waiver requirements. As of the writing of this article, NTIA has not yet published the first batch of certifications.
BEAD Applicants/Subrecipients
For BEAD products required to be manufactured in the United States in accordance with the final waiver, the July guidance requires BEAD subrecipients to obtain “manufacturer certification letter(s) to enable subrecipients that are building BEAD-funded projects to prove BABA compliance” to the states. In addition, the guidance requires a subrecipient to obtain information on the country of origin (COO) of “finished waived electronics.” In other words:
- For products built in the U.S., subrecipients will need a manufacturer certification letter from each manufacturer
- For finished waived electronics (everything except OLT, OLT line cards, OLT optics module and a standalone ONT), subrecipients will need to report on the COO
State BABA Compliance
Because States are the actual recipients of BEAD money, states are required to be compliant with all the program rules and regulations. The guidance expressly states that states could be asked for their applicants/subrecipient BABA compliance materials at any time, including during the grant review process.
This means that states are likely to require BABA compliance materials as a part of the application process or as a part of the subgrantee agreement process, to guarantee that subawards are meeting the BABA requirements.
BABA Compliance in a Nutshell
Even if a state may not require documentation until the subrecipient process begins, applicants that submit BEAD applications with the required BABA certification documentation will put themselves in a better position to win. “TL;DR”: To ensure BABA compliance, follow these steps:
- Make sure your manufacturers have self-certified products required to be manufactured in the U.S. and are publishing a list of products that meet the requirements.
- Obtain a certification letter from companies making products required to be manufactured in the United States and include these in your application.
- Pull together a BOM indicating the county of origin (COO) for the final manufacturing location of products waived of U.S. manufacturing requirements.
Join us as we provide more insight on a webinar titled, “Expert Tips to Secure BEAD Funding” that we’ve partnered with Wesco, on October 17, at 2 PM ET/1 PM CT.
Lori Adams, VP of Broadband Policy & Funding Strategy
Nokia
Lori Adams, VP of Broadband Policy & Funding Strategy, Nokia is responsible for developing strategies and tools to enable increased company participation in state, federal, and international programs supporting infrastructure deployment by Nokia’s business organizations. Adams is a highly skilled telecommunications attorney with more than twenty years’ experience and a successful track record in the government and private sector.
