Multi-Agency Tribal Public Interest Waiver

Procurement Summary

The Agencies are proposing a five (5) year 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) (Buy America Preference) for Federal Financial Assistance agreements in accordance with 2 CFR.200 awarded to Indian Tribes, as defined in 25 U. S.C. § 5304(e), Tribes, including their governmental arms and instrumentalities, or Tribal organizations, tribal entities, and Native Hawaiian organizations as determined by each program’s regulatory and statutory authority, in the circumstances described below, having determined such waiver to be in the public interest. Participating Agencies include: the Department of the Interior; Department of Agriculture; Department of Education; Department of Energy; Department of Housing and Urban Development; Environmental Protection Agency; Federal Emergency Management Agency; and Department of Commerce.

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

The Agencies are proposing a five (5) year 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) (Buy America Preference) for Federal Financial Assistance agreements in accordance with 2 CFR.200 awarded to Indian Tribes, as defined in 25 U. S.C. § 5304(e). Awards and sub-awards provided to Tribes at or below $2.5 million will be exempt from BABA requirements under the following condition: 1) The total prime federal award or sub-award does not exceed $2.5 million, 2) and the Federal award or sub-award amount does not exceed $2.5 million for the life of the award. In addition, for Federal financial assistance obligated to Tribes between the effective date of the final waiver and September 30, 2026, recipients will be permitted to purchase non-compliant manufactured products, regardless of the Federal financial assistance amount. For Federal financial assistance issued prior to the effective date of the final waiver, the waiver would apply to funds not yet expended.

Public comment link

Final waiver link

Is this a general applicability waiver?