Addendum 1 BABA Requirements IFB 2026.pdf

EASTERN SHORE OF VIRGINIA BROADBAND AUTHORITY

Addendum #1 Build America, Buy America Requirements

In Virginia, the Office of Broadband (DHCD) and the NTIA have established a framework that requires documentation at every phase of the project lifecycle.

In performance of this IFB, the bidder agrees to comply with the following BABA requirements and assumes responsibility for compliance:

1. Pre-Award Procurement (IFB Stage) Bidders must include a BABA Compliance Certification in their bid package. Bidders should be required to:

• Certify Understanding: Submit a signed statement certifying their understanding of and intent to comply with all BABA regulations.

o Requirement that all iron, steel, manufactured products (including but not limited to fiber-optic communications facilities), and construction materials used in the project or other eligible activities are produced in the United States unless a waiver is granted.

o In determining whether a product is produced in America, sub-recipients must comply with definitions included in Section 70912 of the Build America, Buy America Act, which provides that a manufactured product is considered produced in the United States if the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

o In addition to the provisions above, subgrantees may not use BEAD funding to purchase or support any covered communications equipment or service, as defined in Section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. § 1608).

o The Infrastructure Act expressly prohibits subgrantees from using BEAD funding to purchase or support fiber optic cable and optical transmission equipment manufactured in the People’s Republic of China unless a waiver of this requirement is received from the Assistant Secretary.

• Submit a Preliminary Bill of Materials (BOM): Provide a detailed list of vendors and equipment they intend to use, specifically identifying which items are BABA-compliant and which fall under established waivers.

• Verify Self-Certification: Ensure manufacturers of critical electronics (like OLTs and ONTs) are listed on the Department of Commerce BEAD BABA Self-Certification List.

2. Documentation Requirements for Infrastructure Items BABA applies differently depending on the category of the material. You must require specific proof for each:

Material Category Examples Documentation Required

Iron & Steel Poles, cabinets, anchors Certification that all manufacturing (melting to coating) occurred in the U.S.

Construction Materials

Fiber optic cable, plastic/polymer conduits

Manufacturer certification letters proving the item was produced domestically.

Manufactured Products Routers, switches, OLTs Proof that final assembly was in the U.S. and at least

55% of component costs are domestic.

3. Managing BEAD-Specific Waivers The NTIA issued a BABA Waiver, Limited General Applicability Nonavailability Waiver for the BEAD program, which partially waives the BABA requirements for certain products because the products are not currently produced in high enough quantities in the U.S. to meet the demand that the BEAD program will generate.

Partially Waived Products

1. Non-Optic-Glass Inputs: Used in fiber optic cable, Fiber optic cable produced in the U.S. but “connectorized” outside the US is BABA compliant, “Plastics and Polymers” used in the production of fiber optic cable are not subject to BABA requirements

2. Waived Electronics/Passive Optical Equipment and Electronics: Except the following:

Optical line terminals and remote optical line terminals, OLT line cards, Optical Pluggables, Standalone Optical Network Terminals, and Optical Network Units Which are partially waived but have specific manufacturing activities such as the final assembly must be completed in the U.S.

3. Enclosures: NTIA defined different types of enclosures (Cabinets, Vaults, Pedestal Closures, and Terminals) and specified which manufacturing activities must be performed domestically for each type of enclosure.

• De Minimis: You can document "De Minimis" items (minor hardware) that do not meet BABA requirements, as long as they do not exceed 5% of total project costs (up to $1M).

List of Self-Certified BABA Compliant Vendor To streamline the BABA Compliance process, the NTIA developed a tool that allows vendors to self-certify their compliance with BABA. Broadband service providers now have access to the NTIA’s list of self-certified BABA-compliant suppliers for their review and incorporation into their project development plans. Build America Buy America Self-Certification List for the Broadband Equity Access and Deployment (BEAD) Program

Examples of Compliance and Monitoring Item Categorization: Confirm items are accurately reported as Iron/Steel, Manufactured Product, Construction Material, etc.

Item Origin: Validate materials are of U.S. origin, or a waiver has been granted Manufacturing Threshold: Confirm manufactured products are assembled in the U.S. with > 55% U.S.

sourced components Certifications Validate: manufacturer, country of origin, contractor, and BABA compliance certification documents Submissions/Change Orders: Ensure engineer/architect verifications and that change order materials are BABA compliant

4. Post-Award & Ongoing Maintenance

• Manufacturer Certification Letters: For every BABA-compliant product installed, you must obtain and retain a formal certification letter from the manufacturer.

• Retention: These records must be maintained for at least three years after the project is completed to satisfy audit requirements.