BABA / BAP

CPD Notice 2025-01: CPD Implementation Guidance for the Build America, Buy America Act’s Buy America Preference

HUD’s Office of Community Planning and Development (CPD) published this notice on January 13, 2025. The notice supersedes CPD Notice 2023-12 (from 2023) and includes a BAP checklist that grantees can use to document BABA compliance and check for applicable waivers. 

HUD Overview: “The refreshing of this Notice is intended to provide greater clarity to grantees implementing BABA. Specifically, the Notice clarifies how the BAP applies to public infrastructure for housing projects. Projects with one- to four-units should be classified as private and not subject to BABA. Housing projects with five or more units should be considered as public infrastructure subject to BABA unless another BABA waiver or exemption applies. In addition, the Notice includes a reclassification of HOME-ARP to CPD programs not covered by the BAP, clarification on determining a project scope, BAP applicability to program income, additional recordkeeping considerations, guidance on using HUD’s online project-specific waiver application website, and new resources to assist with compliance and determining when a project-specific waiver is appropriate.”