Multi-Agency Pacific Island Territories Public Interest Waiver

Procurement Summary

The Agencies propose a multi-agency general applicability public interest 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) for infrastructure projects funded through federal financial assistance from the Agencies to the recipients in the United States-Affiliated Pacific Island Territories (hereafter “Pacific Island territories”). For the purposes of this general applicability waiver, the Pacific Island territories are Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI). The Agencies propose to waive BABA requirements for recipients in the Pacific Island territories due to the longstanding supply chain challenges that their unique geographical barriers create for the territories, including high shipping costs, infrequent shipping to and from the mainland, and limited market purchasing power so that they can manage their federally funded activities effectively. The proposed duration of this waiver would be from the effective date of the final waiver to five (5) years following the effective date. The waiver would be applicable to federal awards obligated during its five-year effective period and apply throughout the period of performance for such awards. In the case of awards obligated prior to the effective date of the final waiver, the waiver will be applicable to expenditures made on or after the effective date and for the remainder of the period of performance of the award.

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

The proposed waiver, if finalized, would waive BABA requirements for all iron and steel, manufactured products, and construction materials for public infrastructure projects funded by the Agencies in the Pacific Island territories except for the following items that the Office of Management and Budget identified as having critical supply chains that are essential to U.S. strategic interests: (1) Telecommunications infrastructure, (2) Grid-connected utility-scale energy generation and stationary storage (> 5MW); and (3) • Cargo handling equipment, including cranes, that are manufactured by or contain any networks, operating systems, or software identified in U.S. Maritime Advisory 2024-0026 or successor advisories (See the Waiver for limitations on these exceptions). For the purposes of this general applicability waiver, the Pacific Island territories are Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI).

Public comment link

Final waiver link

Is this a general applicability waiver?