Note: This page and additional FA Topics Guidance Pages are available at OCI's Training Portal.

Overview

The Infrastructure Investment and Jobs Act (IIJA) signed into law on November 15, 2021 included the Build America, Buy America (BABA) Act.  As of May 14, 2022, BABA requires that no Federal award funds may be obligated for a public infrastructure project unless all iron, steel, manufactured products, and construction materials used in the project are produced in the United States (Section 70914 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58). On August 23, 2023, the Office of Management and Budget (OMB) published related regulations at 2 CFR 184—Buy America Preferences for Infrastructure Projects.

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Recipients should request written confirmation from the manufacturer that the product meets the 55% component cost requirement. If the manufacturer cannot verify compliance or no compliant option is available, then the recipient would need to submit a product-specific waiver request (see below). 

Does the Service have a certificate of origin template available for documenting compliance with BABA?  No, the Service does not have a certificate of origin template available, nor do we require a specific format for certifying or documenting compliance. Certifications may be in any format, provided they:

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If project costs exceed the SAT due to cost overruns paid entirely with non-Federal funds, does the small grants waiver still apply?  No. Any project that is funded in whole or in part with federal assistance must comply with the BABA requirements.  The threshold for the small grants waiver is at the total award level, which includes all federal funds, cost share contributions, and other costs required to complete the approved project (i.e., “overmatch”).  Since the total costs exceed the SAT, the small grants waiver would not apply (see project expenses section above).

De Minimis General Applicability Waiver

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This section describes BABA waivers that were in effect following the passage of the IIJA, but which have since expired. These expired waiver may have overlapped a portion of the Period of Performance for an existing award. Recipients should ensure that the BABA exemptions provided by these expired waivers were only applied to  applicable applicable portions of their award Period of Performance. . For information on current BABA waivers, refer to section section above.

DOI General Applicability Waiver – Six-Month Adjustment Period

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Recipients seeking a waiver from BABA requirements should first verify that the project is subject to BABA (see Applicability section above).  If BABA requirements apply, and compliance with BABA is not feasible, a recipient may request a BABA waiver for a specific grant or project, subject to review by the Made in America Office, if they can adequately demonstrate:

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For FWS-issued awards, recipients must submit all waiver requests to the Service in writing to : fwhqfasupport@fws.gov.the Federal Project Officer listed on their Notice of Award.

Subject Line: “Buy America Waiver Request.” 

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For program-specific financial assistance questions, contact the Service Point of Contact listed in your Notice of Funding Opportunity or Notice of Award.General questions regarding BABA applicability or implementation may be sent to: fwhqfasupportperc@fws.gov.