Build America, Buy America (BABA) Waivers Open for Public Comment
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Build America, Buy America Act - Waiver Authority
- Pursuant to Section 70914(c) of the Build America, Buy America Act, EPA may waive Buy America preference where EPA finds that:
- Applying the domestic content procurement preference would be inconsistent with the public interest (a "public interest waiver");
- Types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a "nonavailability waiver"); or
- Inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an "unreasonable cost waiver").
Waiver review process
- Waiver requests should follow guidance from the relevant program.
- General Applicability waivers will be open for at least a 15-day public comment period.
- Waivers that are specific to a project or a product will be open for a 15-day public comment period.
- Once the public comment period has closed, EPA will make a determination whether to approve the waiver.
- Waivers are reviewed by MIAO before EPA approves, signs, and posts the waiver to the "Approved Waivers" website.
There are no waiver proposals currently open for public comment.
The following waiver proposals are closed for public comment. EPA is currently reviewing the waiver proposals:
- Solicitation of Public Comment for Project-Specific BABA Nonavailability Waiver Proposal for Hawaii Department of Water Supply, Hawai’i, for Open Line Shaft Vertical Turbine Booster Pump Assemblies (pdf)
- Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act (BABA) Requirements to the Township of Bedminster, New Jersey for a Pump Control System and Submersible Sewage Pumps (pdf)
If fraud, waste, abuse or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1-888-546-8740 or OIG_Hotline@epa.gov. More information can be found at the OIG Hotline website.