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On January 10, 2025, multiple Federal agencies (including DOI) established 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) for federal financial assistance agreements awarded to Federally recognized Indian Tribes (Tribes). This waiver applies to all awards and subawards at or below $2.5 million provided to Tribes under the following conditions: (1) The total prime Federal award or subaward does not exceed $2.5 million; and (2) the Federal award or subaward amount does not exceed $2.5 million for the life of the award. Additionally, this general applicability waiver also waivers waives the BABA requirements for manufactured products for all award and subawards to Tribes. This waiver, for manufactured products only, applies to all Federal financial assistance awards to Tribes obligated between January 10, 2025 through September 30, 2026, regardless of the amount.
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