Tribal Consultation
Waiver type - Financial Assistance: Public Interest
Agency: ENERGY, DEPARTMENT OF • Waiver Level: agency • Product Service Code (PSC) : | Last Modified: 05/13/2024
Procurement Summary
Proposed Waiver: The Department of Energy is proposing a general applicability waiver of the requirements of section 70914 of the Build America, Buy America Act (BABA) included in the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) (Buy America Preference) for federal financial assistance agreements in accordance with 2 CFR Part 200 awarded to Indian Tribes (Tribes), having determined such waiver to be in the public interest. This waiver is critical in keeping with the Federal Government's commitment to follow consultation policies established through Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, before applying Buy America Preference to programs that affect tribal communities.
Description of items, products and materials or categories of such anticipated to be covered by this waiver
Tribal consultation waiver
Public comment link
https://www.energy.gov/management/doe-buy-america-requirement-waiver-requestsFinal waiver link
https://www.energy.gov/sites/default/files/2023-09/DOE-Proposed-Indian%20Tribes%20-%20BABA%20Waiver%206-26%20%28approved%29.pdfIs this a general applicability waiver?
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06/29/2023
ENERGY, DEPARTMENT OF