Build America, Buy America Act (BABA)

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.

This site provides USDA’s agency level and recipient level waiver requests for Public Comment, Approved, Withdrawn or Denied waiving the application of a Buy America Preference in an infrastructure program or an award.

Waiver Request Process for USDA Agencies and Staff Offices:

  • Waivers must be approved internally before being sent to sm.OCFO.ffac@usda.gov, with the subject “Agency Name Buy America Waiver Request.”(1)
  • Agencies and Staff Offices must provide a Point of Contact for each waiver submitted in the email notification.
  • The waiver must provide a detailed written explanation for the proposed determination to issue the waiver.
  • OCFO will submit the proposed waiver to the MIAO at OMB.
  • MIAO will conduct a preview review of the waiver.
  • When public interest waiver, nonavailability waiver, and unreasonable cost waiver is established, it will be posted for comment to OCFO website for a 15 day comment period(2). The approved waiver is posted below see Waiver Requests for Comment.
  • Agencies and Staff Offices must ensure notification is provided to their stakeholders to go the OCFO website to review the waiver and provide any comments.
  • Comments must be sent by email to sm.OCFO.ffac@usda.gov. The email subject line must reference the waiver that the comments pertain to.
  • After the 15 day comment period is over, the agency will adjudicate any comments and make adjustments to the waiver, if needed.
  • Agencies and Staff Offices will submit the waiver and a summary of the public comments received to OCFO.
  • OCFO will submit the waiver and a summary of the public comments to MIAO for final determination.
  • After MIAO completes their final determination, the waiver becomes finalized.
  • The approved waiver is posted below see Waiver Requests Approved.

Waiver Request Process for Recipients and Subrecipients

USDA agencies are responsible for processing and approving waivers by recipients and on behalf of subrecipients. To the greatest extent practicable, waivers should be targeted to specific products and projects.

  • A request to waive the application of the domestic preference must be provided in writing to the USDA agency.
  • Each waiver request must include the following information, as applicable:
    1. Waiver type (nonavailability, unreasonable cost, or public interest)
    2. Recipient name and Unique Entity Identifier (UEI)
    3. Federal awarding agency organizational information (e.g., Common Government-wide Accounting Classification (CGAC) Agency Code)
    4. Financial assistance listing name and number
    5. Federal financial assistance program name
    6. Federal Award Identification Number (FAIN) (if available)
    7. Federal financial assistance funding amount
    8. Total cost of infrastructure expenditures, including all Federal and non-Federal funds (to the extent known)
    9. Infrastructure project description and location (to the extent known)
    10. List of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from Buy America requirements, including name, cost, country(ies) of Origin (if known), and relevant PSC and NAICS code for each.
    11. A certification that the Federal official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.
    12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach), by the Federal awarding agency and, and in the case of a project or award specific waiver, by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America- compliant bids received in response to a solicitation.
    13. Anticipated impact if no waiver is issued.
    14. Any relevant comments received through the public comment period.
  • Agencies and Staff Offices who receive waiver requests from recipients and subrecipients must review the waivers and if approved, must send them to OCFO’s email box: sm.OCFO.ffac@usda.gov, with the subject “Agency Name Buy America Waiver Request.” (3)
  • The wavier submitter must provide a Point of Contact for each waiver submitted in the email notification.
  • The waiver must provide a detailed written explanation for the proposed determination to issue the waiver.
  • OCFO will submit the proposed waiver to the MIAO at OMB.
  • MIAO will conduct a preview review of the waiver.
  • When recipient/subrecipient waiver is established, it will be posted for comment to OCFO website for a 15 day comment period(4). The approved waiver is posted below see Waiver Requests for Comment.
  • Agencies and Staff Offices must ensure notification is provided to their stakeholders to go the OCFO website to review the waiver and provide any comments.
  • Comments must be sent by email to sm.OCFO.ffac@usda.gov. The email subject line must reference the waiver that the comments pertain to.
  • After the 15 day comment period is over, the agency will adjudicate any comments and make adjustments to the waiver, if needed.
  • Agencies and Staff Offices will submit the waiver and a summary of the public comments received to OCFO.
  • OCFO will submit the waiver and a summary of the public comments to MIAO for final determination.
  • After MIAO completes their final determination, the waiver becomes finalized.
  • The approved waiver is posted below see Waiver Requests Approved.

Waiver Requests Out for Public Comment, Approved, Withdrawn or Denied

Any waivers that USDA has received are listed below. Agencies and Staff Offices are to communicate as widely as possible among their stakeholders who are affected by the waiver, whether it is a USDA agency waiver or a recipient waiver, so stakeholders have an opportunity to review and comment.

The waivers will either be out for comment, approved, withdrawn, or denied. Please refer to the subsections below. If there are no waivers listed in the categories below, that indicates that no waiver has been submitted yet.


(1)Submitted waivers must be 508 compliant for purposes of posting to the USDA website.
(2)See Section VII of M-22-11, pages 6 – 12 for information on Public Interest, Nonavailability and Unreasonable waiver principles and criteria.
(3)Submitted waivers must be 508 compliant for purposes of posting to the USDA website.
(4)See Section VII of M-22-11, pages 6 – 12 for information on Public Interest, Nonavailability and Unreasonable waiver principles and criteria.