Electronic Vehicle Chargers Product Waiver of Section 70914(a) of P. L. 117-58

Procurement Summary

Electric-Vehicle Chargers Waiver The Office of Management and Budget's April 18, 2022, M-22-11 memorandum, "Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure," provides guidance to agencies to consider whether it is in the public interest to waive application of a Buy America preference "where an agency determines that other important policy goals cannot be achieved consistent with the Buy America requirements established by the Build America, Buy America Act and the waiver would not meet the requirements for a nonavailability or unreasonable cost waiver." This waiver advances Build America, Buy America objectives based on market research conducted by both the EPA and the Federal Highway Administration, which indicates that the Alternating-Current Level 2 and Direct Current Fast Charging Electric Vehicle charger industry may not immediately be able to produce enough chargers to meet demand of infrastructure projects and satisfy full Build America, Buy America requirements. Based on market research, the EPA is issuing a temporary, time-limited, public-interest product waiver for electric vehicle chargers. This is on the basis that applying section 70914 of the Build America, Buy America Act requirements for steel, iron, manufactured products and construction materials to electric vehicles chargers on EPA-assisted infrastructure projects would be inconsistent with the public interest.

Description of items, products and materials or categories of such anticipated to be covered by this waiver

Public comment link

Final waiver link

Is this a general applicability waiver?