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Phil Kabza
Senior Member
Username: phil_kabza

Post Number: 796
Registered: 12-2002


Posted on Wednesday, November 13, 2024 - 04:01 pm:   Edit PostDelete PostPrint Post

I just attended a webinar on this topic at the request of a client. We're hearing of HUD project requirements to include BABAA compliance. Does anyone here have experience with incorporating requirements in Division 01 and in individual specification sections? I'm picturing a pretty demanding increase in services that may have a big effect on specifications.
Phil Kabza FCSI CCS AIA
SpecGuy Specifications Consultants
www.SpecGuy.com
phil@specguy.com
Edward R Heinen CSI CDT CCS LEED-AP
Senior Member
Username: edwardheinen

Post Number: 23
Registered: 04-2022


Posted on Wednesday, November 13, 2024 - 04:26 pm:   Edit PostDelete PostPrint Post

I have worked on a couple of federally funded state projects here in MN with BABAA requirements.

How and what to specify exactly was a bit baffling because the source material was vague. The state provided all the required front end language, which did not adhere well to CSI practice standards.

Supply chains are complex, and I don't have a handle on the CA phase outcomes - spec vs actual. Manufacturer reps are keeping or catching up and can provide insights, for example Commercial off the Shelf Goods (COTS) which allows a waiver of some sort.

I think I can email some more information.
John Bunzick
Senior Member
Username: bunzick

Post Number: 1941
Registered: 03-2002
Posted on Wednesday, November 13, 2024 - 05:34 pm:   Edit PostDelete PostPrint Post

I poked around some of the legislation and interpretations online. Essentially any project with some amount of federal funds is included. It is complex in the details, but on the essence it is straight forward: 100% of most construction products need to be mined, made and fabricated in the US. There are some things that must be 55% made in the US. Since this law covers supply chains, and not the performance, testing, etc. that specifiers are typically concerned with, I don't see how it would affect specifications at all. Yes, contracts in a big way.

The law does allow exceptions if something is not made here, made here but in insufficient amounts, or would increase OVERALL project cost by 25%(!). It strikes me that this is the contractor's burden to figure out.

It is also interesting to ponder how this could effectively favor one or two manufacturers in markets with limited US production. Nothing to keep them from jacking up prices precipitously if they have a lock - in fact, capitalism practically demands that they do so to improve profits.

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