The FY 2024–2025 FEMA Building Resilient Infrastructure and Communities Notice of Funding Opportunity (BRIC NOFO) already has tight deadlines and emphasizes projects that can get under construction swiftly after award. This means that interested entities will also need to accelerate timelines for developing and implementing Build America, Buy America Act (BABA) compliance and compliance monitoring measures. Time is very tight for states to apply and implement, so BRIC applicants and subapplicants need to plan early and bake in 2 CFR 200 financial management and BABA compliance up front to avoid delays, audit findings, or cost issues.

States are central to the BRIC process, and state deadlines may occur about two months before FEMA’s July 23, 2026, application deadline. This means that potential subapplicants need to focus right now and get themselves familiar with BABA guidance, their state’s procurement and compliance requirements, and any applicable state timelines.

Key BABA categories apply 

The FEMA BRIC FAQ discloses that BRIC hazard mitigation construction projects are subject to BABA domestic‑preference requirements. BABA will apply to nearly all materials and manufactured products used in hazard‑mitigation infrastructure, such as utilities, pump stations, and drainage systems. 

For a BRIC project subject to BABA, the covered materials categories are familiar across agencies:

• Iron and steel: All manufacturing processes must occur in the U.S.
• Manufactured products: Final manufacturing must occur in the U.S., and more than 55% of component costs must be U.S.-sourced.
• Construction materials: All manufacturing processes must occur in the U.S.

Compliance 101

To document passing through BABA requirements to all levels of a project, FEMA policy requires all recipients/subrecipients to ensure their project contracts and purchase orders include a specific BABA contract clause, and a self‑certification of compliance. 

To make sure all contractors, subcontractors, and subgrantees include BABA requirements in their bids and contract documents, BRIC awardees (and applicants) should incorporate BABA requirements in updated procurement templates and any covered-project‑related solicitation.

Waivers

As with other agencies, FEMA has issued a few general applicability waivers or project‑specific waivers, but emphasizes that such waivers are uncommon and require complete justifications. (We have reviewed currently posted BABA project waivers across several federal agencies and OMB’s Made in America Office and can confirm that the work involved in collecting the necessary information for a request and the time involved in agency review appears to be significant and lengthy.) 

Tight timing applies to implementation, too

Given the BRIC competition weighting and short periods of performance, undertaking BABA compliance after application may create implementation delays, budget overruns, and compliance snags. So a great BRIC application will design in and verify BABA compliance for all covered categories before submission. Because BRIC is weighted heavily toward construction readiness, an application contingent on receiving a BABA waiver may weaken its competitiveness.

Trusted BABA compliance advisors

CohnReznick can help BRIC applicants beat the clock. Learn more about our BABA Compliance Advisory services, and contact us to start building or strengthening your own BABA-compliant plans.