Build America, Buy America Act (BABA)
This site provides a comprehensive collection of proposed, currently effective, and expired waivers (as they become available) of the Build America, Buy America Act’s domestic content procurement preference as applied to HUD’s Federal Financial Assistance programs.
The Build America, Buy America Act (the 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.
Agencies may waive the domestic content procurement preference if (1) a waiver is in the public interest, (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or satisfactory quality, or (3) the application of the domestic content preference would increase the cost of the overall project by more than 25 percent.
Implementation Guidance
M-22-08, Memorandum for the Heads of Executive Departments and Agencies (Dec. 20, 2021)
M-22-11, Memorandum for Heads of Executive Departments and Agencies (Apr. 18, 2022)
Proposed Waivers
Waivers Effective for Obligations after November 15, 2022
Public Interest De Minimis and Small Grants Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (Effective November 23, 2022 and for a period of five years or such shorter time period as HUD may announce via Notice.)
Public Interest Waiver of Build America, Buy America Provisions for Exigent Circumstances as Applied to Certain Recipients of HUD Federal Financial Assistance (Effective November 23, 2022 and for a period of five years or such shorter time period as HUD may announce via Notice.)
Public Interest Phased Implementation Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (Effective from November 23, 2022 to February 21, 2023)
Waivers Effective for New Obligations after May 14, 2022
General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance (Effective until May 14, 2023)
Waivers Effective for Prior Obligations
General Applicability Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (Effective for funds obligated by HUD on or before November 14, 2022)
Previously Proposed Waivers
General Applicability Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (Proposed Apr. 29, 2022)
General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance (Proposed Apr. 29, 2022)
Public Interest De Minimis, Small Grants, and Minor Components Waiver of Build America, Buy America Provisions as Applied to Certain Recipients of HUD Federal Financial Assistance (Proposed October 31, 2022); also available in the Federal Register here.
Public Interest Exigent Circumstances Waiver of Build America, Buy America Provisions as Applied to Certain Recipients of HUD Federal Financial Assistance (Proposed October 31, 2022); also available in the Federal Register here.
Public Interest Phased Implementation Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (Proposed November 3, 2022); also available in the Federal Register here. **Comment period extended until November 21, 2022.**
Public Interest Phased Implementation Waiver for FY2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance (Proposed February 15, 2023); also available in the Federal Register here.