BABA Changes Effective with November 19th Letting
As we get closer to the November 19, 2026 letting, NDOT would like to provide a reminder of the upcoming changes to the Build America, Buy America (BABA) requirements for manufactured products on federally funded projects.
Under the updated requirements, the cost of components that are mined, produced, or manufactured in the United States must be greater than 55% of the total cost of all components of the manufactured product. The existing requirement that final assembly take place in the United States will also remain in effect.
These changes pertain only to manufactured products and do not alter the existing BABA requirements for construction materials or iron and steel products.
The updated BABA requirements take effect for projects obligated on or after October 1, 2026. While October 1 is the date referenced in FHWA’s guidance, for purposes of our letting schedule, the updated requirements will apply beginning with the November 19, 2026 letting. The two October lettings will not be subject to the updated requirements.
As always, please refer to the contract documents and applicable FHWA guidance for the specific requirements that apply to each project.
NDOT appreciates the efforts of contractors and suppliers who have been preparing for these changes and for the continued commitment to BABA compliance.
View Current and Past Lettings via Bid Express
(Including plans, proposals, addenda and bid results)
(Click here for BidX Instructions)
Updates
Bid File
Beginning with the May 15, 2025 Letting, the following statement has been added to the "Bidder Certification" tab of the bid file:
INFORMATION PROVIDED "FOR INFORMATION ONLY": By signing this bid, bidder agrees that information provided by Nebraska Department of Transportation indicated as "For Information Only" will not be incorporated or otherwise become a part of the contract and acknowledges further that no guarantees or assurances of trustworthiness of the data have been made. Bidder acknowledges that use of the information is voluntary and accepts and assumes the risk of any inaccuracies in the information.
Beginning with the February 27, 2025 Letting, the following statement has been added to the "Bidder Certification" tab of the bid file:
EMPLOYEE CLASSIFICATION ACT AFFIDAVIT: By signing this bid, the Contractor certifies that (1) each individual performing services for such Contractor is properly classified under the Employee Classification Act, (2) such Contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such Contractor has complied with Neb. Rev. Stat. 4-114, (4) such Contractor has no reasonable basis to believe that any individual performing services for such Contractor is an undocumented worker, (5) such Contractor is not barred from contracting with the state or any political subdivision pursuant to Neb. Rev. Stat. 48-2907 or 48-2912, and (6) such Contractor will follow the provisions of the Employee Classification Act for the duration of the contract. A violation of the act by a Contractor will be a breach of the contract.
Bid Letting
The Department is encouraging all Contractors who will be submitting their prequalification renewals to use the following address: NDOT.ContractorPrequalification@nebraska.gov This mailbox is monitored by four Contracts employees who will make sure we continue to process the prequalification’s in a timely manner.
We are strongly encouraging those Companies who plan to bid with us in the near future to use an Annual Bid Bond and to bid electronically using Bid Express. Annual bid bonds are available on our website by clicking here. These can be emailed in to NDOT.ContractLettings@nebraska.gov for review and approval prior to any letting.
To help ensure that we receive your bid prior to the submission deadline, we are encouraging electronic bidding. If your Company does not have a Digital ID and would like to begin bidding electronically, please contact BidX at 1-888-352-2439 for assistance in setting one up.
Bids for all upcoming lettings will be opened and the bid totals will be read via Webex. The Webex information will be available on the BidX Letting webpage a minimum of 2 days prior to the opening, and can be found by selecting the applicable letting from: https://www.bidx.com/ne/lettings
All Certificates of Insurance should be sent electronically to NDOT.ConstructionInsurance@nebraska.gov
ListServ
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If you would like to be added to a ListServ that will notify you when certain groups of work will be let, and the letting that they will be in, please click here.
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Bid Rigging
To report suspected bid rigging activities call: 1-800-424-9071
The U.S. Department of Transportation (DOT) operates the above toll-free "hotline" Monday - Friday, 8:00 a.m. to 4:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities.
The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.
Disclaimer
Items denoted as “Informational Only” are offered as a convenience and subject to change at any time without notice. They are not to be used for bidding or construction purposes.