Contractor Build America, Buy America Compliance Checklist
Last Updated: October 2025
The project below is receiving United States Department of Housing and Urban Development (HUD) assistance from Fiscal Year 2024 or later, and must comply with the Build America, Buy America Act (BABA), as part of the Infrastructure Investment and Jobs Act (IIJA). BABA creates an incentive to increase domestic manufacturing through the inclusion of BABA’s Buy America Preference (BAP). In general, the BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with federal financial assistance must be produced in the United States.
Instructions: Return this completed and signed checklist to Minnesota Housing via the Multifamily Customer Portal for approval prior to releasing the project bid package.
Project Name:      
Project Development (D) Number:      
Company Name:      
Below are requirements you must meet to help ensure that you comply with BABA and against which Minnesota Housing will evaluate your performance. Initial next to each item below acknowledging you understand and will comply with the following provisions.
1.	      Notify potential subcontractors of BABA requirements before bidding.
2.	      Ensure the necessary BABA provision language is included in all bid packages and contracts. Bid packages and contracts must be submitted to Minnesota Housing via the Multifamily Customer Portal for approval prior to the release of the project bid package or the execution of any contracts.
3.	      Ensure the necessary BABA provision language is included in all subcontracts, agreements for services, procurement contracts, and purchase orders. Require that all subcontractors provide you copies and retain these copies for later review by Minnesota Housing, HUD, and/or HUD’S representatives in accordance with all recordkeeping requirements.
4.	      Determine the cost of all products and materials subject to BABA that are required for the project after bids are received back and monitor these costs throughout construction.
5.	      Document your efforts and those of your subcontractors to identify products and materials sourced and/or manufactured domestically, including outreach to the local Manufacturing Extension Partnership (MEP). All market research results must be retained for submittal to Minnesota Housing.
6.	      Require that all subcontractors and suppliers and/or manufacturers provide you with documentation certifying product compliance with BABA prior to executing any subcontracts, agreements for services, procurement contracts, and purchase orders. All certification documentation must be retained for submittal to Minnesota Housing.
7.	      Provide all required documentation necessary for the submittal of any project- or product-specific waivers to Minnesota Housing and retain for later review by HUD and/or its representatives in accordance with all recordkeeping requirements.
By signing below, I certify that I have read, fully understand, and agree to strictly comply with the requirements set forth above. By signing, I also certify that I am authorized to commit my organization to complying with said requirements.
     
Name of Company
     	     
Authorized Signatory Printed Name	Title
     	     
Authorized Signature	Date