eral financial assistance awards changes the landscape for many recipients of federal grants and cooperative agreements.References1 The BABA applies to federal financial assistance awards, but does not apply to federal procurement contracts.2 See 88 Fed. Reg. 57750 (Aug. 23, 2023). OMB expressly noted that the Guidance is not a rule per the Administrative Procedures Act. However, as is the case with a final rule, applicable regulations will be revised to reflect the final Guidance and OMB will submit it to Congress and to the Comptroller General consistent with rulemaking procedures set forth in 5 U.S.C. 801(a).3 The OMB Guidance uses the term “domestic preferences” throughout in speaking of the domestic content requirements of the BABA. Notably, unlike the domestic “evaluation preferences” applied under the Buy American Act (and implementing FAR clauses under FAR Subpart 25.1), the domestic content standards of the BABA are domestic content restrictions.4 41 U.S.C. §§ 8301-8305.5 See 88 Fed. Reg. 8,377 (Feb. 9, 2023). Although individual agencies such as the U.S. Department of Transportation (DOT) funded projects have subject to domestic content requirements for decades, the BABA program applies to infrastructure projects government-wide, across all agencies. Since the BABA statute was signed into law, agencies have continued to implement the legislation through their own guidance and waivers. For example, DOT recently finalized a “Buy America” waiver. SeeWaiver of Buy America Requirements for De Minimis Costs and Small Grants | US Department of Transportation at88 Fed. Reg. 55,817 (Aug. 16, 2023). The U.S. Department of Energy (DOE) also previously issued guidance on the implementation of the Buy America requirement for infrastructure projects.6 See OMB-2023-004.7 The Federal Highway Administration (FHWA) has issued guidance on the “predominately” of iron or steel standard. December 22, 1997 FHWA Memorandum, https://www.fhwa.dot.gov/programadmin/contracts/122297.cfm.8 The FAR Buy American Act thr