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.
The Departments of Interior, Agriculture, Education, Energy, Commerce, and Housing and Urban Development. Environmental Protection Agency, and Federal Emergency Management Agency have issued a Multi-Agency Tribal Public Interest Build America, Buy America (BABA) Waiver for Tribes whose total prime federal award or subaward does not exceed $2.5 million and the federal award or subaward amount does not exceed $2.5 million for the life of the award. The waiver will remain in effect for 5 years.
For federal financial assistance to Tribes obligated between the effective date and September 30, 2026, recipients will be permitted to purchase non-compliant manufactured products, regardless of the Federal financial assistance amount. For federal financial assistance issued prior to the effect date of the waiver, the waiver would apply to funds not yet expended.
EPA will host a webinar about the waiver on Jan. 22.
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