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Build America Buy America

The Build America Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act on November 15, 2021, established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022.  The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

BABA Webpages of Interest:

NIST/MEP Supplier Scouting Services: In order to help federal agencies meet their BABA requirements, the U.S. Department of Commerce, National Institute for Standards and Technology (NIST), Hollings Manufacturing Extension Partnership (MEP) National Network™ connects U.S. manufacturers that have relevant production capabilities and capacities with additional manufacturers and stakeholders – enabling them to fulfill current market and supply chain needs.  Click here for further information on the NIST/MEP supplier scouting services.

All DOC BABA Waivers:

Proposed Waivers Open for Public Comment

National Telecommunications and Information Administration Limited General Applicability Nonavailability Waiver of the Buy America Domestic Content Procurement Preference as Applied Solely to Recipients of Tribal Broadband Connectivity Program Grant Awards Made Pursuant to the July 27, 2023, Tribal Broadband Connectivity Program Notice of Funding Opportunity.  The 30-day public comment period closes at 11:59 pm on October 15, 2024

Proposed Waivers Closed for Public Comment

Economic Development Administration Public Interest Previously Planned Project Waiver for the City of Phenix City, Alabama Wastewater Treatment Plant Improvement Project

Approved Waivers

Economic Development Administration Nonavailability Waiver for Dissolved Air Flotation Units for the City and Borough of Wrangell Water Treatment Plant Improvement Project

National Telecommunications and Information Administration Limited General Applicability Nonavailability Waiver of the Buy America Domestic Content Procurement Preference as Applied to Recipients of Broadband Equity, Access, and Deployment Program

Economic Development Administration Buy America Projects Planned Prior to the Implementation Date of Build America, Buy America on May 14, 2022
National Telecommunications and Information Administration Limited Applicability Nonavailability Waiver of the Buy America Domestic Content Procurement Preference as Applied to Recipients of Middle Mile Grant Program Awards

NTIA Limited General Applicability Public Interest (Tribal Broadband Connectivity Infrastructure)

Department of Commerce Department-wide Public Interest Waivers for De Minimis Infrastructure Project Purchases, Small Grants, and Minor Components within Iron and Steel Products
Department of Commerce Temporary General Applicability Public Interest Waiver for Federal Financial Assistance Awarded for Infrastructure Projects Located in the U.S. Pacific Island Territories of the Commonwealth of Northern Mariana Islands (CNMI), Guam, and American Samoa, Collectively Referred to as Pacific Island Territories
Approved Waivers - (Now Expired)
Department of Commerce Public Interest Waiver for Financial Assistance Agreements to Indian Tribes
National Telecommunications and Information Administration Six-Month Adjustment Period Public Interest General Applicability Waiver, Excepting Fiber Optic Glass and Fiber Optic Cable, of the Buy America Domestic Content Procurement Preference for Recipients of Connecting Minority Communities Pilot Program Awards
EDA Adjustment Period
Denied Waivers