DOI USBR Colorado River Basin Public Interest Waiver

Procurement Summary

The Department of the Interior (DOI or the Department) Bureau of Reclamation (Reclamation) is proposing a public interest, general applicability previously planned project waiver for manufactured products under the Build America, Buy America Act (BABA) requirements, pursuant to Section 70914(b)(1) of the Infrastructure Investment and Jobs Act (Public Law No. 117-58) (BIL/IIJA), for a limited set of recipients under Reclamation’s Colorado River Basin conservation and efficiency programs. The three (3) Colorado River Basin Projects subject to this waiver are limited to the following: • Lower Basin System Conservation and Efficiency Program. This program leverages funding provided by Section 50233 of the IRA. The actions taken are generally associated with short-term water conservation projects and activities that shore up elevations in reservoirs, and long-term water conservation efficiency and infrastructure projects such as building or improving pipelines, desalination, effluent reuse, irrigation efficiency and improving local water supplies. • Salton Sea Agreement. This program will expedite the State of California’s 10-year plan and enable urgent water conservation needed to protect Colorado River reservoir storage volumes amid persistent climate change-driven drought conditions. The type of projects funded under this agreement will be mainly those that address air quality to protect public health and restore habitat and will require building infrastructure such as water pipelines and holding basins. • Upper Basin System Conservation and Efficiency Program. This program seeks out projects in the Upper Division States of Colorado, New Mexico, Utah, and Wyoming towards water saving actions and environmental restoration projects. The types of projects associated with this program are water conservation projects including short-term conservation programs that shore up reservoir elevations, and long-term solutions such as reuse of industrial water, recycling of municipal supplies, improvement of distribution system efficiency to reduce consumptive use, and reductions in municipal landscape irrigation or indoor use, and environmental restoration projects. Awards and amendments under this waiver are anticipated to begin construction on or after the effective date of the waiver but no later than September 30, 2026. The waiver would not apply to construction materials or products which the NIST Manufacturing Extension Partnership has determined to have a readily-available domestically-manufactured equivalent which matches specifications for those projects that were planned and designed prior to the project funding announcements. The waiver will allow these grantees to continue previously planned infrastructure projects as DOI transitions to full implementation of BABA in a timely manner.

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

This waiver applies to expenditures incurred on or after the effective date of the waiver for non-domestic manufactured products associated with awards or amendments both (a) planned and designed prior to the enactment of BABA, and (b) awarded or amended by DOI during the waiver period, under three (3) “Colorado River Basin projects” identified below in Section “3. Description of Colorado River Basin Projects,” funded by Reclamation in accordance with BIL/IIJA section 40906 (Drought Contingency Plan Funding Requirements) and Inflation Reduction Act (Public Law No. 117-169) (IRA) section 50231 (Bureau of Reclamation Domestic Water Supply Projects), section 50233 (Drought Mitigation in the Reclamation States), and section 80004 (Emergency Drought Relief for Tribes). If such expenditures arise out of awards or amendments issued by DOI prior to the waiver period, then only the covered expenditures made during the waiver period may be covered.

Public comment link

Final waiver link

Is this a general applicability waiver?