BUILD AMERICA, BUY AMERICA ACT

POLICIES AND PROCEDURES

U.S. Department of the Treasury, Office of Gulf Coast Restoration

November 2023

Version 2.0
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page i

Introduction to Policies and Procedures Manual  

The U.S. Department of the Treasury, Office of Gulf Coast Restoration (OGCR), which is part of the Office

of Recovery Programs is responsible for the administration of two grant programs authorized by the

Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf

Coast States Act (RESTORE Act): the Direct Component, and the Centers of Excellence Research Grants

Program. The OGCR establishes program policies and procedures; provides guidance to eligible states,

counties, and parishes; administers the Direct Component multiyear implementation plan review and

acceptance process; implements and manages the Direct Component and Centers of Excellence

Research Grants Program; conducts post‐award monitoring and oversight of grant recipients; and

administers grant closeout procedures.  

The Infrastructure Investment and Jobs Act (IIJA), also known as the “Bipartisan Infrastructure Deal” was

signed into law on November 15, 2021, and it includes the Build America, Buy America Act (BABAA)

which applies to most federally funded awards for infrastructure. Consequently, the Direct Component

program is also subject to the requirements of BABAA.  As such, as of May 14, 2022, unless a waiver was

in effect, BABAA requirements applied to all new awards and monetary amendments to existing awards

for infrastructure, as infrastructure is defined in section 70912(5) of BABAA and 2 CFR Part 184, that

were approved by Treasury under the Direct Component program. The processes outlined in this

manual are designed to provide detailed guidance for implementing the requirements of BABAA for new

awards and monetary amendments to existing awards for infrastructure approved under the Direct

Component program that are not covered by a waiver.  

Acknowledgements

This manual was initially developed under the U.S. Department of the Treasury (Treasury), Office of

Recovery Programs, Contract No. 2032H323C00011 (Contract Manager: Hyong (Henry) Y. Chung,

Treasury Contracting Officer). PG Environmental prepared the first draft of these policies and

procedures, with Treasury’s Office of Gulf Coast Restoration providing further edits.  

Revisions

The history of revisions to this manual is documented in Appendix L.

 
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page ii

1 TABLE OF CONTENTS 

2 Background ......................................................................................................................................... 1

2.1 Infrastructure Investment and Jobs Act (IIJA) .............................................................................. 1

2.2 Build America, Buy America Act (BABAA) ................................................................................ 1

2.2.1 Iron or Steel Products ............................................................................................................ 1

2.2.2 Manufactured Products ......................................................................................................... 2

2.2.3 Construction Materials .......................................................................................................... 2

2.3 Office of Management and Budget and Made in America Office ................................................ 4

2.4 Treasury’s RESTORE Act Programs and Application of BABAA Requirements ........................ 4

3 Roles and Responsibilities .................................................................................................................. 5

3.1 Responsibilities of Recipients Under BABAA ............................................................................. 5

3.2 Responsibilities of Subrecipients Under BABAA ........................................................................ 6

3.3 Responsibilities of Design Contractors Under BABAA ............................................................... 7

3.4 Responsibilities of Construction Contractors Under BABAA ...................................................... 7

3.5 Responsibilities of Manufacturer and Supplier Under BABAA ................................................... 8

3.6 Responsibilities of Treasury Under BABAA ................................................................................ 8

4 Integrating BABAA Requirements into the Bid Process ................................................................. 9

4.1 Bid Documents .............................................................................................................................. 9

4.2 Contract Language ...................................................................................................................... 10

4.3 Pre-Construction Meetings ......................................................................................................... 10

5 Purchasing, Installing, and Documenting BABAA-Compliant Products .................................... 11

5.1 Including BABAA-Compliant Products in Specifications.......................................................... 11

5.2 Content and Types of Manufacturer’s Certifications .................................................................. 11

5.2.1 Manufacturer’s Certification Content ................................................................................. 11

5.2.2 Certification Types .............................................................................................................. 12

5.3 Installing Products During Construction ..................................................................................... 13

5.4 Collecting and Maintaining BABAA Documentation ................................................................ 13

5.5 Disbursement Approval by Recipient ......................................................................................... 14

6 BABAA Waivers ............................................................................................................................... 15

6.1 Overview ..................................................................................................................................... 15

6.2 Project Waivers ........................................................................................................................... 16

6.2.1 Nonavailability Waivers ...................................................................................................... 16

6.2.2 Unreasonable Cost Waivers ................................................................................................ 16

6.2.3 Public Interest Waivers ....................................................................................................... 16

6.3 General Applicability Waivers .................................................................................................... 17
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page iii

Please note that the review requirement for existing general applicability waivers outlined above 

does not apply to any product-specific general applicability waiver that was issued before May 19, 

2021.6.3.1

Adjustment Period Waiver

 17

6.3.2 Pipeline Waiver ................................................................................................................... 18

6.3.3 General Applicability Nonavailability Waiver .................................................................... 19

7 Developing and Submitting Waiver Requests ................................................................................ 19

7.1 Project Waiver Development ...................................................................................................... 19

7.1.1 Assessing the Need for a Project Waiver ............................................................................ 19

7.1.2 Waiver Request Process ...................................................................................................... 20

7.1.3 Product Research Process ................................................................................................... 20

7.2 Public Interest Waiver Development ........................................................................................... 22

7.2.1 Completion and Submittal of Waiver Forms ....................................................................... 22

7.3 General Applicability Waiver Development ............................................................................... 24

7.3.1 Treasury’s Process ............................................................................................................... 24

7.3.2 Working with MIAO ........................................................................................................... 26

Appendix A: Iron and Steel Products ...................................................................................................... 28

Appendix B: List of Typical Manufactured Products ............................................................................. 30

Appendix C: Sample Treasury BABAA Standard Contractor Contract and Bid Language ................... 33

Appendix D: Subrecipient’s Certification of Compliance with the Requirements of Section 70914 of 

the Build America, Buy America Act (BABAA), and Other Applicable Federal Regulations and OMB 

Guidance ................................................................................................................................................. 36

Appendix E: Contractor’s Certification of Compliance with the Requirements of Section 70914 of the 

Build America, Buy America Act (BABAA) and Other Applicable Federal Regulations and OMB 

Guidance ................................................................................................................................................. 37

Appendix F: Subcontractor’s Certification of Compliance with the Requirements of Section 70914 of 

the Build America, Buy America Act (BABAA) and Other Applicable Federal Regulations and OMB 

Guidance ................................................................................................................................................. 38

Appendix G: Engineer’s Certification of Compliance with the Requirements of Section 70914 of the 

Build America, Buy America Act (BABAA) and Other Applicable Federal Regulations and OMB 

Guidance ................................................................................................................................................. 39

Appendix H: Manufacturer’s Certification of Compliance with the Requirements of Section 70914 of 

the Build America, Buy America Act (BABAA) Preference Requirements for Iron and Steel Products40

Appendix I: Manufacturer’s Certification of Compliance with the Requirements of Section 70914 of 

the Build America, Buy America Act (BABAA) Buy America Preference Requirements for 

Manufactured Products ........................................................................................................................... 41

Appendix J: Manufacturer’s Certification of Compliance with the Requirements of Section 70914 of 

the Build America, Buy America Act (BABAA) Preference Requirements for Construction Materials 43

Appendix L: Revision History ................................................................................................................ 45
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page iv
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page v

Acronyms Used in Manual

Abbreviation Corresponding Term

ANSI American National Standards Institute

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials  

AWWA American Water Works Association

BABAA Build America, Buy America Act

CFR Code of Federal Regulations

GSA General Services Administration

IIJA Infrastructure Investment and Jobs Act

MIAO Made in America Office

OIG Office of Inspector General

OGCR Office of Gulf Coast Restoration

OGC Treasury’s Office of General Counsel

OMB Office of Management and Budget

RESTORE Act Resources and Ecosystem Sustainability, Tourist Opportunities, and

Revived Economics of the Gulf Coast States Act

RGMS RESTORE Grants Management System

SME Subject Matter Expert

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page vi

Definitions Used in Manual

Term Corresponding Definition

Administrative cost

As defined in 31 CFR § 34.2 and outlined in section A.1. of the June

2022 RESTORE Act Financial Assistance Standard Terms and

Conditions and Program‐Specific Terms and Conditions related to

Direct Component awards, administrative costs are indirect costs for

administration incurred by the recipients that are allocable to

activities authorized under the RESTORE Act. Administrative costs

do not include:

i.  Direct costs that directly support the scope of work and are

identified as direct costs in the approved award budget;

ii.  Indirect costs that are identified specifically with or are readily

assignable to facilities, as defined in 2 CFR § 200.414; and

iii. Indirect costs of subrecipients.

Award Treasury’s approval of a RESTORE Act, Direct Component grant

application.

Buy America Preference

All of the iron, steel, manufactured products, and construcƟon

materials used in an infrastructure project funded by an applicable

federal financial assistance award must be produced in the United

States pursuant to BABAA (see secƟon 70912(2) of BABAA and 2 CFR

184.3). Standards vary by product category and are described in

detail in 2 CFR Part 184 and in these policies and procedures.

A Buy America preference only applies to articles, materials, and

supplies that are consumed in, incorporated into, or affixed to an

infrastructure project. Buy America does not apply to tools,

equipment, or temporary scaffolding brought to a construction site

and removed at or before the completion of the infrastructure

project, or to equipment and furnishings, such as movable chairs,

desks, and portable computer equipment, that are used at or within

the finished infrastructure project, but are not an integral part of

the structure or permanently affixed to the infrastructure project.

Category of products Products of a similar nature. For example, a product would be 8‐inch

steel valve, and a category of products would be all valves.  

Non‐federal entity

Includes states, local governments (e.g., parishes and counties),

territories, Indian tribes, institutions of higher education, and

nonprofit organizations. See section IV of OMB Memorandum M‐24‐

02 (which rescinds and replaces OMB Memo M‐22‐11) and 2 CFR §

200.1.

Project A discrete scope of work funded by a Direct Component award.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page vii

In most cases, a single Direct Component award will contain a single

project. However, in some cases a Direct Component program

award will consist of multiple projects.

Product categories

An article, material, or supply subject to the requirements of BABAA

should be classified in one of the following product categories: iron

or steel products, manufactured products, or construction

materials. For ease of administraƟon, an arƟcle, material, or supply

should not be considered to fall into mulƟple categories.

Project representative

An individual employed by or under contract with the recipient,

subrecipient, or construction contractor for the purposes of carrying

out or overseeing the project, to include grants management staff

and contractors, project managers, project engineers, etc.  

Recipient

The eligible entity receiving a Direct Component grant directly from

Treasury and, as such, legally responsible, for carrying out the award

scope of work and complying with all award requirements.

Substantial completion The milestone at which the project, or a portion of the project, is fit

for its intended use.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 1

2 BACKGROUND 

2.1 Infrastructure Investment and Jobs Act (IIJA) 

President Biden signed into law the Infrastructure Investment and Jobs Act1 (IIJA or “the Act”), also

known as the Bipartisan Infrastructure Deal on November 15, 2021. The IIJA includes the Build America,

Buy America Act (BABAA), which introduced new mandatory domestic content procurement preference

requirements for federal financial assistance for infrastructure projects. Infrastructure, as defined in

BABAA, includes, at a minimum, the structures, facilities, and equipment for, in the United States, such

as roads, highways, bridges, public transportation, dams, ports, harbors,  other maritime facilities,

intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems

(including drinking water and wastewater systems), electrical transmission facilities and systems,

utilities, broadband infrastructure, buildings, and real property, and structures, facilities, and equipment

that generate, transport, and distribute energy including electric vehicle (EV) charging.2 Projects

consisting solely of the purchase , construction, or improvement of a private home for personal use,

does not constitute an infrastructure project.  

2.2  Build America, Buy America Act (BABAA) 

BABAA, which is included in the IIJA requires that no later than May 14, 2022, the BABAA requirements

must apply to recipients of federal financial assistance awards (“awards”) for infrastructure projects,

regardless of whether the projects are fully or partially funded by federal financial assistance. BABAA

aims to strengthen America’s industrial base, safeguard national security, and promote high‐paying jobs

by mandating the use of domestically produced materials in infrastructure projects funded by an award

under a federal financial assistance program.

BABAA covers four categories where the product or material must be produced in the United States,

unless a waiver is in place. These categories are as follows:

 Iron or steel products

 Manufactured products  

 Construction materials  

2.2.1  Iron or Steel Products 

Pursuant to 2 CFR Part 184, iron or steel products are defined as articles, materials, or supplies that

consist wholly or predominantly of iron, steel, or a combination of both.  In accordance with section

70912(6)(A) of BABAA, the term, “produced in the United States” as it relates to iron or steel products

means all manufacturing processes, from the initial melting stage through the application of coatings,

occurred in the United States.  An article, material, or supply is predominantly of iron or steel or a

combination of both when the cost of the iron and steel content exceeds 50 percent of the total cost of

all its components. The cost of iron and steel is the cost of iron or steel mill products (such as bar, billet,

slab, wire, plate or sheet), castings, or forgings utilized in the manufacture of the product and a good

faith estimate of the cost of iron or steel components. If such article, material, or supply does not meet

1 https://www.congress.gov/bill/117th‐congress/house‐bill/3684/text. 2 Note that this BABAA‐specific definition of infrastructure, as defined in 2 CFR 184.4(c) and OMB Memorandum M‐

24‐02, differs somewhat from the definition of infrastructure in Treasury’s implementing regulations for the

Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States

Act at 31 CFR § 34.2.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 2

the criteria for an iron or steel product or both, it will typically be categorized as a manufactured

product if it meets the criteria set forth below in section 2.2.2. Examples of typical iron, and steel

products include ductile iron pipes, steel pipes, gate valves, metal roofing, and iron and steel bars.3,4  

2.2.2  Manufactured Products 

Manufactured product are articles, supplies, or materials that have been (i) processed into a specific

form and shape; or (ii) combined with other articles, materials, or supplies to create a product with

different properties than the individual articles, materials, or supplies. If an item is classified as an iron

or steel product, a construction material, or a Section 70917(c) material5 under 2 CFR 184.4(e) and the

definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material,

or supply classified as a manufactured product under 2 CFR 184.4(e) and under section i and ii of this

definition may include components that are construction materials, iron or steel products, or section

70917(c) materials.  

BABAA‐compliant manufactured products are produced in the United States, and the cost of

components of the manufactured product that are mined, produced, or manufactured in the United

States exceeds 55 percent of the total cost of all components, with total cost calculated as follows:

(a) For components purchased by the manufacturer, the acquisition cost, including transportation

costs to the place of incorporation into the manufactured product (whether or not such costs

are paid to a domestic firm), and any applicable duty (whether or not a duty‐free entry

certificate is issued); or

(b) For components manufactured by the manufacturer, all costs associated with the manufacture

of the component, including transportation costs as described in paragraph (a), plus allocable

overhead costs, but excluding profit. Cost of components does not include any costs associated

with the manufacture of the manufactured product.6

Examples of typical manufactured products include generators, HVAC systems, motors, and

pumps.

2.2.3  ConstrucƟon Materials 

Construction materials are defined as articles, materials, or supplies that consist of only one of the

following items: non‐ferrous metals, plastic and polymer‐based products (including polyvinylchloride,

composite building materials, and polymers used in fiber optic cables), glass (including optic glass), fiber

optic cable (including drop cable), optical fiber,  lumber, engineered wood, or drywall. Minor additions

of articles, materials, supplies, or binding agents to one of the construction materials listed above, or the

inclusion of one of these listed construction materials as an input to another listed construction

material, does notchange the categorization of the construction material.      

3 Office of Management and Budget (OMB) Memorandum M‐24‐02 (Appendix I), which rescinds and replaces OMB

Memo M‐11‐22, and 2 CFR 184.3 provides the definition for iron and steel products and predominately of iron or

steel or a combination of both. 4 Additional items are listed in OMB Memo M‐24‐02, Appendix I . 5 Section 70917(c) materials means “cement and cementitious materials; aggregates such as stone, sand, or gravel;

or aggregate binding agents or additives.” 6 See 2 CFR 184.5 regarding determining the cost of components for manufactured products.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 3

In accordance with section 70912(6)(C) of BABAA, the term, “produced in the United States” as it relates

to construction materials for infrastructure projects funded with federal financial assistance awards,

including Direct Component awards means all manufacturing processes for the construction material

occurred in the United States.

In accordance with 2 CFR 184.6, the standard for being considered “produced in the United States” for

the following construction materials are:

a) Non‐ferrous metals. All manufacturing processes, from initial smelting to melting through final

shaping, coating, and assembly, occurred in the United States.

b) Plastic and polymer‐based products. All manufacturing processes, from initial combination of

constituent plastic or polymer‐based inputs, or, where applicable, constituent component

materials, until the item is in its final form, occurred in the United States.

c) Glass. All manufacturing processes, from initial batching and melting of raw materials through

annealing, cooling, and cutting, occurred in the United States.

d) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning

(if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All

manufacturing processes also include the standards for glass and optical fiber, but not for non‐

ferrous metals, plastic, and polymer‐based products, or any others.

e) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the

completion of the draw, occurred in the United States.

f) Lumber. All manufacturing processes, from initial debarking through treatment and planing,

occurred in the United States.

g) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster

and additives through cutting and drying of sandwiched panels, occurred in the United States.

h) Engineered wood. All manufactured processes from the initial combination of constituent

materials until the wood product is in its final form, occurred in the United States.

  

An article, material, or supply should only be classified into one of the following categories: (i) Iron or

steel products; (ii) 15 Manufactured products; (iii) Construction materials; or (iv) Section 70917(c)

materials. An article, material, or supply should not be considered to fall into multiple categories. In

some cases, an article, material, or supply may not fall under any of the categories listed in this

paragraph. The classification of an article, material, or supply as falling into one of the categories listed

in this paragraph must be made based on its status at the time it is brought to the work site for

incorporation into an infrastructure project. In general, the work site is the location of the infrastructure

project at which the iron, steel, manufactured products, and construction materials will be

incorporated.7

7 See OMB Memo M‐24‐02, Appendix I.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 4

2.3 Office of Management and Budget and Made in America Office 

The Office of Management and Budget (OMB) has statutory responsibility for issuing guidance to assist

with the application and implementation of the new BABAA requirements by providing implementing

regulations such as 2 CFR Part 184 and issuing OMB Memorandums, such as OMB Memorandum M‐24‐

02, dated October 25, 2023 and titled, “Implementation Guidance on Application of Buy America

Preference in Federal Financial Assistance Programs for Infrastructure.” Agencies should consult directly

with MIAO for policy decisions regarding the development and use of waivers.  

In accordance with section 70923 of BABAA, OMB established the Made in America Office (MIAO).  

MIAO aims to increase reliance on domestic supply chains, minimize the need for waivers through a

strategic process aimed at: achieving consistency across agencies; gathering data to support decision‐

making to make U.S. supply chains more resilient; bringing increased transparency to waivers in order to

send clear demand signals to domestic producers; and concentrating efforts on changes that will have

the greatest impact. OMB provided initial guidance on the implementation of BABAA through a

memorandum released on April 18, 2022, titled, “Initial Implementation Guidance on Application of Buy

America Preference in Federal Financial Assistance Programs for Infrastructure” (OMB Memorandum M‐

22‐11), which was later superseded by OMB Memorandum M‐24‐02, titled, “Implementation Guidance

on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure,”  

which was issued on October 25, 2023. The memorandum provides guidance to federal agencies,

specifically those that have federal financial assistance programs that fund infrastructure projects, on

how to implement the requirements of BABAA.  

2.4 Treasury’s RESTORE Act Programs and ApplicaƟon of BABAA Requirements  

The Department of the Treasury’s Office of General Counsel in consultation with OMB Counsel

determined that BABAA applies to the Resources and Ecosystems Sustainability, Tourist Opportunities,

and Revived Economies of the Gulf Coast States Act (RESTORE Act), Direct Component program. The

Department of the Treasury (Treasury) began to implement the BABAA requirements, which mandates a

Buy America Preference for infrastructure projects funded under the RESTORE Act Direct Component

program listed under assistance listing number 21.015.  The BABAA requirements do not apply to the

RESTORE Act, Center of Excellence Research Grants Program, because it does not fund grants for  

infrastructure projects.

Awards issued under the Direct Component program are funded by the Gulf Coast Restoration Trust

Fund (Trust Fund) and administered by OGCR to eligible states, counties, and parishes in the U.S. Gulf

Coast region. The RESTORE Act established the Trust Fund following the explosion on the Deepwater

Horizon oil drilling rig in the Gulf of Mexico, which caused the largest offshore oil spill in the United

States and exacerbated the effects of previous natural disasters. The Direct Component supports

planning and implementation projects aimed at promoting the economic and ecological recovery of the

U.S. Gulf Coast, which may involve infrastructure projects.  

The definition of infrastructure provided under BABAA differs from the use of the term “infrastructure”

in the RESTORE Act and Treasury’s implementing regulations at 31 CFR 34.2. For the purposes of these

policies and procedures, the term “infrastructure” is defined in accordance with section 70912(5) of

BABAA and 2 CFR Part 184, not the RESTORE Act and Treasury’s implementing regulations at 31 CFR

34.2. OGCR and Treasury OGC will evaluate on a case‐by‐case basis whether the Buy America Preference

outlined in the BABAA requirements apply to proposed construction or real property improvement

projects that do not squarely fall within the definition of infrastructure in the section 70912(5) of BABAA

and BABAA and 2 CFR Part 184. OGCR has developed preliminary guidance that addresses construction
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 5

projects that are not considered infrastructure, such as those primarily focused on environmental

protection, restoration, and natural ecosystem recovery.

For more information on RESTORE Act, Direct Component infrastructure project’s applicability, visit the

RESTORE Act, Direct Component Build America, Buy America Act Frequently Asked Questions (FAQs).

8

3 ROLES AND RESPONSIBILITIES  

BABAA implementation involves multiple parties with distinct roles and responsibilities. The key parties

involved with BABAA are OGCR staff, OGCR contractual support staff, federal financial assistance

recipients, subrecipients, project engineers, contractors, manufacturers, and suppliers. This section

provides a general overview of the roles and responsibilities of the parties with respect to the

application and implementation of BABAA requirements. Specific responsibilities and program

implementation processes are described in the following sections and appendices.  

3.1 ResponsibiliƟes of Recipients Under BABAA 

The federal financial assistance recipient is the party who is responsible for complying with the BABAA

requirements for the entirety of the project, from bidding through construction. Additionally, the

recipient is required to comply with the terms and conditions of the Direct Component award.

Under the terms and conditions of the recipient’s RESTORE Act, Direct Component awards, they must

comply with all relevant federal statutes, regulations, executive orders, OMB circulars, Treasury’s

program guidance (including the RESTORE Act, Treasury’s implementing regulations at 31 CFR Part 34,

FAQs, and other guidance documents), the relevant RESTORE Act financial Assistance Standard Terms

and Conditions and Program‐specific Terms and Conditions, and any special award conditions for the

grant. This includes certifications and assurances made by the recipient in its Direct Component grant

application.  

The recipient’s responsibilities related to BABAA include:

 Directly communicating with OGCR regarding BABAA matters, including the need for any

waivers, questions regarding how to comply with the BABAA requirements, and disclosing to

Treasury any known or suspected noncompliance with BABAA requirements as it relates to

its Direct Component grant;

 Incorporating BABAA requirements into bid documents and contracts, and ensuring BABAA

requirements are taken into account during the design phase (or ensuring the subrecipient

takes these actions if the subrecipient will be overseeing the design and construction

contracts);   

 Submitting requests for project‐ or award‐level waivers based on the public interest, or,

more commonly, unreasonable cost or nonavailability;

 Instructing the subrecipients, contractors, subcontractors, and as applicable, manufacturers

and suppliers about BABAA requirements and documentation, as well as the requirements

and process for requesting a waiver;

8

https://home.treasury.gov/system/files/216/Direct_Component_FAQs_Update_2022_Final_to_Post_BABA_only.pd

f  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 6

 Providing oversight on the project to ensure all subrecipients and/or contractors are

following BABAA requirements;  

 Notifying OGCR when iron, steel, manufactured goods, and construction materials have

arrived on site and are ready for installation (to assist OGCR in scheduling a site visit); and

 Maintaining records of BABAA documents throughout the award period of performance and

in accordance with the record retention requirements outlined in the terms and condition of

the award, including bid documents, subawards, product certification letters, market

research on product availability, and costs (plus supporting documentation such as price

quotes), approvals, denials, and oversight inspections.

3.2 ResponsibiliƟes of Subrecipients Under BABAA 

In cases where a project will be executed by a subrecipient, the recipient is responsible for fulfilling its

obligations as it relates to subrecipients in accordance with the award terms and conditions including 2

C.F.R. § 200.332. While the recipient holds the primary responsibility for monitoring the use of Direct

Component award funds and ensuring compliance with BABAA requirements, the subrecipient also has

a role in meeting BABAA requirements.  

The subrecipient is required to comply with the subaward terms and conditions established with the

recipient, which flow down from the recipient’s award terms and conditions as outlined in 2 CFR

200.101(b)(2). The subaward agreement must incorporate all the terms and conditions of the recipient’s

Direct Component award, including those related to BABAA.  

The responsibilities of the subrecipient regarding BABAA include:

 Directly communicating with the recipient regarding BABAA matters, including the need for

any waivers, questions regarding how to comply with BABAA, and the disclosure to the

recipient of any known or suspected noncompliance with BABAA requirements as it relates

to its Direct Component subaward;

 Incorporating BABAA requirements into bid documents and contracts, and ensuring BABAA

requirements are taken into account during the design phase;   

 Providing the recipient with all information necessary for the recipient to request any

necessary project‐ or award‐level waivers based on the public interest, or, more commonly,

unreasonable cost or nonavailability;

 Providing oversight on the project to ensure all contractors and/or subcontractors are

following BABAA requirements;

 Notifying the recipient when iron, steel, manufactured goods, and construction materials

have arrived on site and are ready for installation (so the recipient can assist OGCR in

scheduling a site visit);  

 Maintaining records of BABAA documents throughout the subaward period of performance

and in accordance with the record retention requirements outlined in the terms and

condition of the subaward, including bid documents, product certification letters, market
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 7

research on product availability, and costs (plus supporting documentation such as, price

quotes), and oversight inspections, and providing these to the recipient upon request; and

 Instructing the contractors, subcontractors, and as applicable, manufacturers and suppliers

about BABAA requirements and documentation, as well as the requirements and process for

requesting a waiver.

3.3 ResponsibiliƟes of Design Contractors Under BABAA 

In many cases, the contractor retained for the design and engineering phase of the project is different

than the contractor retained for the construcƟon phase. The design contractor may be overseen by the

recipient or a subrecipient.

The responsibilities of the design contractor regarding compliance with the requirements of BABAA

include:

 Incorporating BABAA requirements into project design, considering the availability of

domestically produced materials and evaluating the suitability of domestically produced

alternatives when only foreign‐sourced materials are available;

 Estimating costs using domestically produced materials when available, highlighting any

instances in which using domestically produced materials will increase the overall project cost

by more than 25 percent; and

 Identifying any nonavailability or unreasonable cost waivers that may be needed and providing

the recipient or subrecipient, as applicable, with the information required to draft such a waiver.

3.4 ResponsibiliƟes of ConstrucƟon Contractors Under BABAA 

Most projects are carried out by construction contractors and subcontractors under contracts or

subcontracts with the recipient or subrecipient. Construction contractors, especially construction

management firms have a crucial role in ensuring compliance with the BABAA requirements. BABAA

requirements are included in the construction subcontractor’s contract with the prime contractor or the

prime contractor’s contract with the recipient or subrecipient, as applicable. Therefore, OGCR and the

recipient must ensure that recipients appropriately communicate BABAA requirements to subrecipients,

contractors, and subcontractors, and as applicable, include those BABAA requirements in the

subawards, contracts, and subcontracts.  

The responsibilities of the contractor regarding compliance with the requirements of BABAA include:

 Communicating BABAA requirements in solicitations for bids from vendors for iron and steel

products, manufactured goods, and construction materials;  

 Conducting market research to identify domestic suppliers of iron and steel products,

manufactured goods, and construction materials, and seeking price quotes;

 Proactively identifying any iron and steel products, manufactured goods, and construction

materials that cannot be domestically sourced in a reasonable time frame to timely

complete the infrastructure project that would increase the overall project cost by more

than 25 percent (vis‐à‐vis the overall project costs using non‐BABAA compliant iron and
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 8

steel, manufactured goods, and construction materials), and working with the subrecipient

or recipient, as applicable, to draft a waiver request for the recipient to submit to OGCR;

 Notifying the recipient or subrecipient, as applicable, when iron, steel, manufactured goods,

and construction materials have arrived on site and are ready for installation (so that the

recipient may notify OGCR and assist OGCR in scheduling a site visit);

 Inspecting all iron and steel products, manufactured products, and construction materials

delivered to the site prior to installation, in order to confirm that these materials meet the

requirements of BABAA unless there is a relevant waiver in place. This entails reviewing any

country‐of‐origin markings on the product itself and obtaining and reviewing manufacturer’s

certification letters;

 Only procuring and installing BABAA‐compliant iron and steel products, manufactured

products, and construction materials for infrastructure projects unless there is a relevant

waiver in place;

 Rejecting shipments of any BABAA non‐compliant iron and steel products, manufactured

products, and construction materials for infrastructure projects (unless there is a relevant

waiver in place) and ensuring the contractor does not invoice the recipient or subrecipient,

as applicable for these BABAA non‐compliant items;  

 Providing all manufacturers’ certifications to the recipient or subrecipient, as applicable and

completing the contract closeout process; and

 When the contractor has one or more subcontractors on the project, incorporating BABAA

requirements into bid documents and contracts, and ensuring BABAA requirements are

taken into account during the design phase of the project.  

3.5 ResponsibiliƟes of Manufacturer and Supplier Under BABAA 

Manufacturers and suppliers must provide certifications demonstrating that the products they

manufacture or supply for the infrastructure project comply with BABAA requirements. If a product

initially promised by the manufacturer or supplier is no longer available within the established

timeframe or in the required quantity to meet the project specifications and timeline, it is the

manufacturers’ or suppliers’, as applicable, responsibility to communicate this information to their

designated project contact, such as the project engineer, contractor, subcontractor, subrecipient, or

recipient.

3.6 ResponsibiliƟes of Treasury Under BABAA  

Treasury OGCR is responsible for implementing the requirements of BABAA for new awards and

monetary amendments to existing awards for infrastructure under RESTORE Act, Direct Component

program, if a waiver is not in effect. Specifically, OGCR is responsible for:  

 Establishing BABAA program policy and procedures;

 Leading the OGCR Build America, Buy America Working Group comprised of Direct

Component grant recipients; Determining if BABAA requirements apply to each new Direct

Component grant or monetary amendment to existing grants for infrastructure project(s);
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 9

 Providing guidance on BABAA requirements to eligible states, counties, and parishes under

the Direct Component program;

 Conducting post‐award site visits and oversight of grant recipients to ensure compliance

with the BABAA requirements;

 Providing training and technical guidance to recipients;

 Developing and submitting general applicability waivers to MIAO, as applicable;

 Reviewing product‐, project‐ and award‐level waiver requests; posting for public comment;

reviewing public comments; and either denying the waiver or recommending approval to

MIAO; and  

 Directing subject matter expert (SME) contractors in tasks where support is necessary, such

as assistance with waiver request reviews, trainings, waiver development, and project site

visits.  

4 INTEGRATING BABAA REQUIREMENTS INTO THE BID PROCESS 

Before the project begins, the recipient should ensure that project documentation, including the

subrecipient agreement (if applicable), bid documents, and contracts, clearly specify BABAA

requirements. The recipient’s inclusion of BABAA requirements in the bid process should streamline

implementation by ensuring all parties are familiar with and consider BABAA requirements during

design, construction, and recordkeeping.  

In instances when the subrecipient, not the recipient, is responsible for administering contracts with

construction contractors, the recipient should ensure that the subrecipient is able to comply with the

BABAA requirements, and the subrecipient includes language regarding the requirements of BABAA in

the bids documents and contracts.

4.1 Bid Documents  

The recipient, or subrecipients must incorporate BABAA requirements into bid documents that relate to

the infrastructure project funded with the Direct Component grant. These documents should include, at

a minimum, the definitions of the four product categories and describe the need to purchase American‐

made products as outlined in BABAA, with references to BABAA, 2 CFR Part 184, OMB Memos, and

OGCR BABAA guidance. All BABAA requirements included in the bid and contract documents should be

clear and concise, providing project expectations prior to the start of construction. In instances where

the bid requires design work, the bid should indicate that American‐made products as outlined in BABAA

must be considered and included in the design to meet BABAA requirements. When developing bid and

contract documents, the recipient or subrecipient, as applicable, must ensure the bid language:

 Informs bidders that BABAA requirements apply to the infrastructure project.  

 Provides references to documentation such as BABAA, 2 CFR Part 184, OMB Memos, and

OGCR’s BABAA guidance, and includes definitions of BABAA‐specific language, regarding the

four product categories, and expectations for waiver availability and use.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 10

 Outlines expectation for documentation and records retention requirements as outlined in

the award terms and conditions or subaward terms and conditions, as applicable, including

the request and maintenance of the manufacturer’s certifications for iron and steel

products, manufactured products, and construction materials that fall under the BABAA

requirements.  

Refer to Appendix D for sample bid language.  

4.2 Contract Language 

Once a bid has been accepted and the project contracts are developed and signed, the contract

language must include BABAA requirements, so the recipient or subrecipient, as applicable, can hold

contractors and. subcontractors as applicable, accountable and ensure BABAA requirements are met.  

The contract language must include the following:  

 A summary of the BABAA requirements and an explanation of how they apply to the project;  

 Reference guidance documents, such as BABAA, 2 CFR Part 184, OMB Memos including the

OMB Memo M‐24‐02, OGCR’s BABAA guidance, and this manual;  

 A notification to the subrecipient (if applicable), project engineer, contractor(s), and

subcontractor(s) that upon completion of the infrastructure project, they will be required to

sign a BABAA certification letter. Example certification letters can be found in Appendices E–

H; and

 Recipients, subrecipients, and other relevant parties must document their implementation

and compliance with the requirements of BABAA during the award period of performance

and may use the document templates provided by OGCR.

4.3 Pre‐ConstrucƟon MeeƟngs 

During the pre‐construction meeting, the recipient or subrecipient, as applicable, will review the BABAA

requirements with contractors and subcontractors, as applicable, to ensure all parties clearly

understand their roles and responsibilities as they pertain to the BABAA requirements. The discussion

should also provide opportunities for the contractors and subcontractors to ask questions. Topics that

should be discussed include, but are not limited to, the following:

 The definitions of the four product categories and examples of products that fall under each

category (see Section 2.2 of this document).

 The process for receiving and inspecting products to ensure they are American‐made as

outlined in BABAA and match the BABAA certifications provided (see Section 5 of this

document).

 The different types of BABAA certifications required and the information to look for on the

certifications (see Section 5.2 of this document).

 The various types of waivers that may be applicable (see Section 6 of this document).

 Steps to take if a waiver request is necessary, including the required information to be

included in the waiver request (see Section 7 of this document).
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 11

 Available resources such as this manual, BABAA, 2 CFR Part 184, OMB Memos including

OMB Guidance M‐24‐02, OGCR’s BABAA webpages, and other relevant sources of

information.

5 PURCHASING, INSTALLING, AND DOCUMENTING BABAA‐COMPLIANT 

PRODUCTS  

5.1 Including BABAA‐Compliant Products in SpecificaƟons  

Recipients and subrecipients must ensure the Buy America Preference  isconsidered in project

specifications and domestic products are included in the project design. An alternative design should be

considered, or a waiver developed, if there is a potential need for a foreign product in the categories of

iron, steel, manufactured products, and construction materials. During the design phase, the recipient

and subrecipient, as applicable, or a contracted third‐party design engineer shall:

 Whenever possible, incorporate BABAA‐compliant products into the project design and

specifications.  

 Communicate early on if there are any iron and steel products, manufacturing products, or

construction materials that have historically been challenging to obtain domestically.  

 Identify potential constraints to the project design, such as the nonavailability of a

domestically manufactured pump with the required rating and propose acceptable

alternatives that meet the design requirements.  

o Example: If copper piping is not available domestically in sufficient quantities,

consider using a different material, such as PEX pipe.

 Highlight time‐sensitive project milestones or deadlines that could be impacted if a product

is delayed or not available domestically.

o Example: Connecting to an existing public utility, which may disrupt services to

the public.  

5.2 Content and Types of Manufacturer’s CerƟficaƟons 

Manufacturers and suppliers will be responsible for providing individual BABAA certifications for each

iron and steel product, manufactured product, and construction material provided for the project.

Template manufacturer’s certifications can be found in Appendices I, J, and K below.

5.2.1  Manufacturer’s CerƟficaƟon Content 

Each certification, regardless of product category, should include the following five elements:

 Project information (title and/or project number; location of project);

 Specific product description;

 Location of manufacture (city and state);

 Citation of BABAA requirements and assertion of BABAA compliance; and

 Signature of an authorized representative (e.g., company representative, owner, product

engineer).
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 12

In addition to the five elements, the manufacturer may include additional information in the

certification to provide further clarity. This may include manufacturer product numbers; a narrative

description of the product; or language noting the cost of the components of manufactured products

that are mined, produced, or manufactured domestically and/or certifying that the total cost of the

components of the domestic manufactured product is greater than 55 percent of the total cost of all

components of the manufactured product.

5.2.2  CerƟficaƟon Types 

Manufacturer’s

Certification

A manufacturer’s certification is provided by a single manufacturer who was

responsible for all steps of the manufacturing process certifies that the

product was made domestically.

Step Certification  

A step certification is a certification in which each entity (e.g., supplier,

fabricator, manufacturer, and processor) that contributes to manufacturing

the products certifies that their individual “step” in the process was

performed domestically. Each entity provides their certification and all other

certifications developed prior to their step to the next entity in product

development.  

The final manufacturer can provide copies of all the certifications from the

product development process or a singular certification if they are willing to

certify to the product’s compliance with BABAA requirements at all stages of

manufacturing. In this case, the manufacturer will include the name of all the

manufacturers and locations (city and state) where each step of manufacture

was completed, as well as a short description (one or two words) of what the

entity performed (e.g., melting, cutting, or fabrication).  

Supplier Certification

Suppliers may provide certifications if they have knowledge about the origin

of the product and that all processes were completed in the United States.

These certifications should be signed by an authorized party, such as a

manager or owner for the company who supplied the product. In addition to

the five elements discussed above, supplier certifications should clearly

indicate the manufacturer’s name and location. However, if the supplier was

not present for all steps of the product’s manufacturing process, OGCR

discourages suppliers and distributors from creating certification letters for

manufacturers.  

Mill Certification

A mill certification is a quality assurance record of the physical and chemical

properties of raw material. They are generally provided for items such as

rebar and sheet metal. The document certifies the metal produced and

provided for testing meets the minimum requirements set by manufacturing

standards, such as American National Standards Institute (ANSI), American

Society of Mechanical Engineers (ASME), American Society for Testing and

Materials (ASTM), and American Water Works Association (AWWA).  

To address the five elements, mill certifications will include:  

 A cover letter or supplier letter that identifies the project and

cites BABAA requirements, if not included in the mill certification

document;
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 13

 Product name;  

 Mill address (usually in the header);

 Signature of an authorized party such as the quality manager,

company owner, or similar party with knowledge of the product

process; and  

 Specific product information.  

Mill certifications are often included with step certifications if the product is

used in fabrication or is painted or coated by another manufacturer.

5.3 Installing Products During ConstrucƟon 

During the construction phase, the installation of products is primarily carried out by contractors and/or

subcontractors. The recipient is ultimately responsible for ensuring products installed meet the BABAA

requirements unless a relevant waiver is in place. If a subaward has been provided to a subrecipient, the

subrecipient will be responsible for compliance oversight as outlined in the subaward terms and

conditions.

When installing products, contractors shall verify that a product meets the BABAA requirements. The

contractor must inspect every product when it arrives onsite, verify that the products delivered match

the products ordered, and review the delivery documentation (i.e., packing slip, purchase order, and

product certification). Contractors should also ensure the product has country of origin labels or

markings that state “Made in America” or “Made in the United States.”  

If a contractor discovers that the manufacturer or supplier delivered an alternate foreign‐made product

without notifying the contractor that the equivalent domestically‐produced product was unavailable and

a relevant waiver is not in place for the project at issue, then the contractor should not install the

product, return it to the manufacturer or supplier and request a refund, not charge the recipient or

subrecipient for it, and replace the foreign‐made product with a domestically‐produced product from

another source and inform the recipient or subrecipient, as applicable, of the situation. If there is a

subrecipient on the project, the subrecipient must inform the recipient as soon as practicable.

 .

If the foreign product has already been installed, the contractor should immediately notify the

subrecipient or recipient, as applicable. The recipient or subrecipient, as applicable  must direct the

contractor to remove and return the foreign product and procure the equivalent domestically‐produced

product from another source, and install it; the contractor should not charge for the labor to replace the

product.

5.4 CollecƟng and Maintaining BABAA DocumentaƟon  

The recipient is responsible for complying with all reporting requirements outlined in section H of the

2022 RESTORE Act Financial Assistance Standard Terms and Conditions and Program‐Specific Terms and

Conditions for the Direct Component grant, as applicable. The recipient is required to maintain all

records “pertinent” to the award for a period of three years from the date of submission of the final
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 14

expenditure report, and all records must be maintained as described in Award Terms and Conditions

and 2 CFR § 200.334. In cases where there is a subaward, the subrecipient shall maintain BABAA records

for the record retention period outlined in the subaward and make all relevant BABAA information

available to the recipient when requested and as outlined in the subaward.  

Records to be maintained must include the following:

 Copies of all contract(s) and subcontract(s) and documentation related to contracts and

subcontracts(s), such as Requests for Proposals and received proposal/bid certification

letters.

 Copies of all subaward agreements, if applicable.

 Documentation demonstrating the domestic origin of products and/ or materials not

covered by a BABAA waiver, such as manufacturing certifications (described above in

Section 5.2).

 Documentation of actual costs (e.g., invoices) for products and materials covered by an

unreasonable cost waiver, as well as the quotes received to substantiate the unreasonable

cost of domestically produced products.

 BABAA waiver requests and approvals, including supporting documentation uploaded to the

RESTORE Grants Management System (RGMS).  

 Documentation of site visits, inspections, desk reviews, and other monitoring and oversight

activities conducted by the recipient and/or subrecipient to ensure contractor(s) and

subcontractor(s), as applicable, are complying with the BABAA requirements.  

Documentation that originates from construction activities will likely come through contractors, who will

be responsible for obtaining the proper BABAA documentation, such as BABAA certification letters and

waiver request research information.  

To ensure the recipient is meeting all recordkeeping requirements, the recipient should develop a

process for tracking and filing all records related to the BABAA requirements.  

OGCR will maintain all records related to projects and grants subject to the BABAA requirements, waiver

requests, and approvals and denials of such waiver requests, and oversight activities related to BABAA in

RGMS. These records include the Waiver Form Parts I and II, including all the attachments; photographs

from site visits; site visit reports; comments from posted draft waivers; and any other compliance

documents, including records of compliance assistance training. Additionally, OGCR will continue to

utilize the Direct Component Grant Awards and RESTORE Act – Buy America Preference websites for

posting awards, waivers, definitions, resources, and BABAA guidance.  

5.5 Disbursement Approval by Recipient  

As part of the disbursement process, when the contractor submits a payment request, they must

include a list of BABAA‐covered products (e.g., iron and steel products, manufactured products,

construction materials) and their country of origin. As part of recipient or subrecipient monitoring, as

applicable, the recipient or subrecipient should select a small number of products from this list and

request the accompanying BABAA‐compliant manufacturer’s certifications to ensure that each

certification has the elements discussed in Section 0.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 15

6 BABAA WAIVERS  

6.1 Overview  

On a case‐by‐case project, program, or award basis, OGCR may waive the application of the BABAA

requirements based on public interest, nonavailability of domestically produced products, or

unreasonable costs of domestically produced products. It is important for recipients, subrecipients,

project representatives, contractors, and subcontractors to be familiar with these waiver types to

identify what waiver they may need and to gather the necessary information for a waiver request when

applicable. Information regarding the submittal and review of waivers is included in Section 7 and 8.

Please note that new awards and monetary amendments for existing awards for infrastructure projects

as defined by the RESTORE Act that do not meet the BABAA definition for “infrastructure” (e.g. planning

awards, awards to provide workforce training, awards to promote the consumption of Gulf Coast

seafood through marketing campaigns, etc.) are categorically excluded from the BABAA requirements

and do not require a waiver. Additionally, any new funds allocated solely for purposes other than

funding “infrastructure” (e.g., adding additional planning funds to an award or funding a workforce

development and job creation project) do not trigger the BABAA requirements, regardless of the

purpose of the original award.

RESTORE Act, Direct Component awards may be combined with multiple federal funding sources to fund

an infrastructure project. Prior to making a Direct Component award that includes other federal

financial assistance that applies BABAA, OGCR shall identify the total estimated contribution(s) of each

funding source, consult with the other federal agencies providing funding for the project, and determine

which agency will serve as the Cognizant Agency for Made in America (Cognizant Agency) as it relates

to BABAA requirements on the project. The Federal agency contributing the greatest amount of

Federal funds for the project may be considered the Cognizant Agency and may take responsibility

for coordinating with the other Federal awarding agencies to develop the waiver, but each Federal

agency waiving the Buy America Preference must make their own waiver determination and issue

the waiver pursuant to section 70914(b) of BABAA.  The Cognizant Agency cannot independently

issue a waiver that applies to other agencies, but other agencies may rely on the work performed by

the Cognizant Agency when proposing and issuing waivers for a single infrastructure project.  When

appropriate, two or more agencies relying on the work performed by the Cognizant Agency may

propose a joint waiver. The Cognizant Agency is responsible for consulting with the other federal

awarding agencies on waiver issues and waiver requests, publicizing the proposed joint waiver, and

submitting the proposed joint waiver to MIAO for review. The Cognizant Agency may be identified in the

Remarks section of the notice of award for the Direct Component grant.

The information provided below is subject to change based on any updated OMB Guidance or new

waiver information. For the most up‐to‐date information on BABAA‐related waivers, visit the RESTORE‐ 

Buy America Preference website.  

In accordance with section 70914(b) of BABAA and as outlined in section VI of OMB Memorandum M‐

24‐02, there are three types of waivers available to waive application of the Buy America Preference for

infrastructure projects or specific products used in infrastructure projects. These waivers can be applied

in three ways, project specific, product specific, and general applicability. The three waiver types9 are:

9 OMB Guidance M‐11‐22.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 16

(1) Nonavailability waiver: This waiver is used when the types of products (iron and steel

products, manufactured products, or construction materials) produced in the United States

are not in sufficient and reasonably available quantities or of a satisfactory quality.  

(2) Unreasonable cost waiver: This waiver is applicable when the inclusion of iron and steel

products, manufactured products, or construction materials produced in the United States

will increase the cost of the overall project by more than 25 percent.  

(3) Public interest waiver: This waiver is applicable when applying the Buy America Preference

would be inconsistent with the public interest.  

6.2 Project Waivers 

Project waivers are specific to a single infrastructure project, and it is the recipient’s responsibility to

submit waiver requests for their projects. The process for submitting waiver requests is outlined in

Section 7 of this document.  

OGCR anticipates that most waiver requests will fall into the categories of nonavailability or

unreasonable cost waivers. Public interest project waivers, on the other hand, are expected to be

relatively rare.  

6.2.1  Nonavailability Waivers  

A recipient can request nonavailability waivers for a project when they can demonstrate that a specific

product from the BABAA product category is either not produced at all or not available in sufficient

quantities with satisfactory quality in the United States. When granted such waivers allow the recipient

to use non‐domestically produced products in the project when domestically produced products are not

available.

Nonavailability waivers may also apply when the timeframe to obtain the domestically produced

product will adversely impact the project milestones or deadlines. For instance, if a delayed part would

affect the general public’s access to a public utility, it could be a valid reason to seek a nonavailability

waiver.  

6.2.2  Unreasonable Cost Waivers  

Recipients can request an unreasonable cost waiver when using iron and steel products, manufactured

products, or construction materials produced in the United States would result in a cost increase of

more than 25 percent for the overall project. This waiver is applicable to a specific project.  

6.2.3  Public Interest Waivers  

Public interest waivers are granted when Treasury determines that other important policy goals cannot

be achieved consistent with the BABAA requirements and the proposed waiver would not meet the

requirements for a nonavailability or unreasonable cost waiver. Recipients must discuss conditions and

justification for public interest waivers with OGCR prior to submittal of such waiver request.10  

10 For more details on the public interest waivers, please see OMB Memorandum M-24-02, page 11.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 17

6.3 General Applicability Waivers  

OGCR has the authority under BABAA to develop general applicability waivers designed to promote

efficiency and ease the burden on recipients in limited situations. These waivers can apply to multiple

projects or be granted at the program level, covering multiple awards. They can be product‐specific,

applying to product or category of product, or non‐product specific, applying to manufactured products

or specific project types. Treasury will not permit recipients to submit requests for general applicability

waivers. If OGCR develops such a waiver, and this waiver is found by MIAO to be consistent with

applicable law and policy, OGCR will determine when a particular project is covered by a relevant

general applicability waiver. In some cases, recipients may need to provide documentation to Treasury

demonstrating that they met the criteria at the time of grant application. For example, to qualify for

coverage under the Treasury’s Public Interest General Applicability Waiver from Application of Section

70914(a) of the Build America, Buy America Act to the RESTORE Act, Direct Component Infrastructure

Projects That Were in the Funding Pipeline by May 14, 2022 (Pipeline waiver) effective as of February 17,

2023, recipients need to provide written documentation proving that they performed substantial public

engagement related to the selection of the project for inclusion in the recipient’s Multiyear

Implementation Plan as required by Treasury’s implementing regulation at 31 CFR §§ 34.303(b)(8) and

(9), prior to May 14, 2022. Once issued, general applicability waivers must be reviewed by OGCR within

five years or less from the effective date to ensure there is a justification for retaining the waiver.

Although general applicability waivers may be based on nonavailability of a product or all categories of

products subject to the BABAA requirements, most general applicability waivers are expected to be

public interest waivers.  

In accordance with secƟon 70914(d)(1) of the BABAA, exisƟng general applicability waivers, such as the

Pipeline waiver shall be reviewed by Treasury within 5 years aŌer the date on which it was issued. In

reviewing general applicability waivers, Treasury must:  

(A)Publish in the Federal Register a noƟce that—  

(i) describes the jusƟficaƟon for the general applicability waiver; and  

(ii) requests public comments for a period of not less than 30 days on the conƟnued

need for the general applicability waiver; and  

(B) Publish in the Federal Register a determinaƟon on whether to conƟnue or disconƟnue the

general applicability waiver, considering the comments received in response to the noƟce

published under paragraph (A).

Please note that the review requirement for exisƟng general applicability waivers outlined above does not 

apply to any product‐specific general applicability waiver that was issued before May 19, 2021.116.3.1

  Adjustment Period Waiver 

OGCR issued the Treasury RESTORE Act, Direct Component Program General Applicability Public Interest

Adjustment Period  Waiver, also referred to as the Adjustment Period Waiver. Effective July 13, 2022,

through January 12, 2023, this six‐month public interest waiver allowed OGCR and Direct Component

recipients an adjustment period to keep projects moving while assessing how to best implement the

BABAA requirements. As a result, BABAA did not apply to new Direct Component awards and monetary

amendments to existing awards for infrastructure issued between July 13, 2022, and January 12, 2023.

OGCR did not issue any new awards and monetary amendments to existing awards for infrastructure

11 See section 70914(d)(2) and (3) and OMB Memorandum M‐24‐02, page 13.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 18

projects between May 14, 2022 (the date BABAA went into effect), and July 13, 2022 (the start date of

the adjustment period waiver)., BABAA does not apply to any awards or amendments made prior to

January 13, 2023.

BABAA requirements will apply to new Direct Component awards for infrastructure project as defined

by section 70912(5) of BABAA made on or after January 13, 2023, unless the infrastructure project

funded under the Direct Component grant is covered by the Pipeline waiver or by another BABAA

waiver. Please note that BABAA requirements do not apply to new Direct Component awards or

monetary amendments to existing awards for projects that are not infrastructure as defined in section

70912(5) of BABAA. Even when BABAA did not apply to an initial award because the initial award was

issued prior to January 13, 2023, BABAA requirements will apply to a monetary amendment to an

existing award if (1) the monetary amendment was issued on or after January 13, 2023, (2) the new

obligation of Direct Component funds is to fund infrastructure, and (3) the new obligation of Direct

Component funds for infrastructure is not covered by another BABAA waiver.

For information regarding the adjustment period waiver visit RESTORE Act, Direct Component BABAA

Adjustment Period Final Waiver webpage and for more guidance on the BABAA requirements as it

relates to Direct Component awards, please see the RESTORE Buy America Preference page

6.3.2  Pipeline Waiver 

On February 17, 2023, Treasury issued the Public Interest General Applicability Waiver from Application

of Section 70914(a) of the Build America, Buy America Act to the RESTORE Act, Direct Component

Infrastructure Projects That Were in the Funding Pipeline by May 14, 2022. This waiver is referred to as

the Pipeline Waiver.

The waiver applies to new grants and monetary amendments to existing grants for infrastructure

projects under the Direct Component that were in the eligible entity’s funding pipeline by May 14, 2022.

These projects had already undergone substantial public engagement for inclusion in the multiyear

implementation plan as required by Treasury’s implementing regulations at 31 CFR §§ 34.303(b)(8) and

(9). The waiver justification is that the expense and effort of re‐estimating costs for project materials

and restarting the public engagement process to include BABAA requirements would conflict with the

public interest. The approved waiver, comments, and comment responses are posted on the RESTORE

Act – Buy America Preference webpage.  

Recipients may need to provide documentation of the public engagement process as evidence to OGCR

that a project meets the criteria of the Pipeline Waiver. This documentation might include copies of

public meeting minutes, public notices, or board resolutions; recordings or presentations from public

meetings or workshops; copies of public comments received, with a date stamp or other indication of

when it was received; articles in the press describing the public engagement that has occurred; or

equivalent documentation. If the recipient of the Direct Component grant requests funding for an

activity on its multiyear implementation plan approved by OGCR prior to the BABAA implementation

date (May 14, 2022), then no documentation needs to be submitted as evidence that the project meets

the criteria to be covered by the Pipeline waiver.

For additional information regarding the Pipeline waiver, visit RESTORE Act, Direct Component BABAA

Funding Pipeline Final Waiver.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 19

6.3.3  General Applicability Nonavailability Waiver  

For unavailable specific domestic products, OGCR may issue broad program waivers for products or

categories of products ensuring a targeted, time‐limited, and conditional approach as described in OMB

guidance. An example of a general applicability nonavailability waiver is the stainless‐steel nuts and

bolts waiver that the Environmental Protection Agency (EPA) approved for the American Iron and Steel

requirements. This short‐term waiver allowed for iron or steel nuts and bolts to be used on EPA projects

even if they were made outside of the United States until domestic manufacturing caught up with the

demand.  

7 DEVELOPING AND SUBMITTING WAIVER REQUESTS 

OMB guidance requires that waivers be time limited, targeted, and conditional. Project waivers, by their

nature, meets all three of these criteria. A recipient could potentially identify the need for a general

applicability waiver, but the general applicability waivers are developed and issued by OGCR.  

7.1 Project Waiver Development 

Recipients may request a project waiver on a case‐by‐case basis. The required Build America, Buy

America Act Waiver Information Form Part I and II includes sections for general information, narratives,

and research that needs to be provided with the waiver request.  

The recipient is responsible for submitting all waiver requests. However, in instances of subawards, the

subrecipient may develop and/or review the waiver request and provide it to the recipient for review

prior to the recipient submitting it to OGCR via RGMS. Upon receiving the completed waiver request,

OGCR will review it following the procedures outlined in Section 8 of this document. Recipients should

designate a single point of contact for all BABAA waiver communications for each project, so that

subrecipients and project representatives can provide information to a centralized location.  

Please note that the information regarding recipient waiver requests is subject to change as OGCR

develops and implements its BABAA waiver processes.

7.1.1  Assessing the Need for a Project Waiver 

The first step in requesting a waiver is identifying the need for a waiver. While the recipient is

responsible for applying for a project waiver, any project participant can identify the need for a waiver

at any stage of the project. Ideally, the project engineer or designer should identify the need for a

nonavailability or unreasonable cost waiver during the design phase. Unreasonable cost waivers are

likely to arise during or soon after the bid phase for a construction contract, when bidders note how the

cost of the project will be affected by BABAA requirements. In such cases, the recipient may consider

soliciting both a BABAA‐compliant bid and an alternate bid without the BABAA requirements to support

an unreasonable cost waiver request.  

Many contractors identify the need for nonavailability waivers during construction as they procure the

products for the project and find that they are unable to obtain one or more domestic products or that

products have unreasonable timelines for obtaining them that it would adversely impact project

milestones. In addition, third‐party design engineers can support the recipient and/or subrecipient by

reviewing specifications to determine if the project could use alternative designs and by providing the

recipient with product specifications for communication with manufacturers.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 20

Public interest waivers are very rare and could occur at any point of the project. These waivers would

only apply if the product or category of products does not fall under any other waiver and there is

sufficient justification that there would be a significant impact on public interest in applying the BABAA

requirements to the projects.  

7.1.2  Waiver Request Process  

To streamline the waiver review process, the recipient should develop the request as thoroughly and

accurately as possible prior to submittal to Treasury. To accomplish this, the recipient and the parties

assisting with the waiver development (e.g., subrecipients, design engineers, contractors) must be

familiar with the product that is the subject of the waiver and the information required. Until a waiver

request is provided to the recipient by OGCR and approved by OGCR, the project must continue to

comply with the BABAA requirements. The following sections provide additional details on how to

complete the due diligence review and submit the waiver request.  

7.1.3  Product Research Process 

Before submitting the waiver request, the recipient, subrecipient, design engineer, contractor, and/or

other relevant parties must conduct a due diligence review. Due diligence reviews consist of completing

research to verify product availability, timeframe to obtain a product, or unreasonable cost, or

determining that meeting the BABAA requirements would not be in the public interest. The type and

level of research into products during the due diligence review will vary depending on the product and

the type of waiver.  

7.1.3.1   Nonavailability Waiver Research  

A nonavailability waiver may be necessary if a recipient determines a contractor is unable to source a

BABAA‐compliant product that meets the project technical specifications, or that the domestic product

is unavailable in the required construction timeframe. To provide sufficient justification for a

nonavailability waiver, the recipient should coordinate with the subrecipients, project engineers, and

contractors to obtain all relevant project and product information and include such information in the

waiver request. Once the project team has determined the need for a waiver, the recipient,

subrecipient, and/or contractor should follow the following steps:  

1.

Review the product specifications, and how the product is incorporated into the project.

Consult the design engineers as needed for the full context of why a particular product is

needed, the performance needs of the product, and whether alternate products could be

used without compromising structural integrity or performance. For example, if a valve

requires a specific type of gasket due to a corrosive environment and valves manufactured

domestically do not meet this standard, a foreign value meeting that standard would be

required.

2.

Try to identify at least three potential domestic manufacturers of the same or equivalent

products. Identify contacts using catalogues, web‐based searches,  discussions with project

contractors and suppliers, and consultations with industry associations (Examples of

relevant industry associations include the Water and Wastewater Equipment

Manufacturers Association, https://wwema.org; the National Association of

Manufacturers, https://www.nam.org, and the American Iron and Steel Institute,

https://www.steel.org) . If three potential domestic manufacturers cannot be found,

document all the steps taken to identify such manufacturers and that the search was
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 21

unsuccessful. Examples of this documentation would include email responses from

contractors, suppliers, and industry associations indicating no domestic suppliers exist and

screenshots showing that a web search returned no relevant results.

3. Contact the identified manufacturers by telephone or email following these best practices

for conducting product research.

By

Telephone:

Request to speak with the party who would have knowledge and authority to discuss

detailed specifications and manufacturing location.

Request information regarding product availability, lead times, location of

manufacture, and ability to certify the requested product as domestic. Example

manufacturer’s certification templates are included in Appendices I, J, and K. Also

request cost information in case a waiver based on unreasonable cost is necessary

(see 7.1 below) .

By Email:

When sending emails, include all product specifications and any other relevant

information, such as required lead time, to reduce back and forth between parties.

Also request cost information in case a waiver based on unreasonable cost is

necessary (see 7.1 below) .

4.

If one or more manufacturers were identified during the recipient’s or Treasury’s market

research but the recipient is requesting a nonavailability waiver because the BABAA‐

compliant product(s) cannot be delivered within a reasonable time frame, review the

project schedule. Note any timeline constraints, such as project milestones, scheduling

dependencies, and/or the need to complete construction prior to hurricane season. Then

determine whether the delivery time of the BABAA‐compliant product is reasonable.  

5. Document all information obtained, including contact details, emails, phone discussions,

and references.  

7.1.3.2 Unreasonable Cost Waiver Research  

Unreasonable cost waivers require a cost comparison of the project based on procuring all domestically

produced products versus the project with some foreign products. To support a waiver, the comparison

must provide evidence that procuring only BABAA‐compliant products would increase the overall cost of

the project by more than 25 percent. To gather information for the cost comparison, the recipient

should hold discussions with project representatives. Specifically, to complete due diligence and provide

evidence that the project qualifies for an unreasonable cost waiver, recipients must complete the

following steps:  

1.

Prepare a cost estimate for a fully BABAA‐compliant project. This would likely be the bid

estimate for the project, but it may need to be modified to accommodate new information

obtained since the bid. This estimate can be based on the installed cost of the products or

the cost of each product in the project.

2.

Prepare a cost estimate for the project if it was not required to procure all domestic

products. This estimate can be based on the installed product cost or the cost of each

product in the project.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 22

3. Gather publicly available cost information (i.e., costs from a catalog or website) or vendor

quotes as necessary to support the above.

4. If applicable, determine the administrative cost to comply with the BABAA requirements

such as staff and contractor resources to collect and track certifications.  

5.

Document any information used to determine installed product costs, including websites,

catalogues (including publication date), and direct communications with manufacturers or

suppliers.

6.

Provide a summary comparing the two project cost estimates, demonstrating that the overall

project costs with all BABAA‐compliant products is more than 25 percent higher than the  

estimate using the most competitively‐priced products. Publicly available cost comparison

data may be used in lieu of proprietary pricing information.

7.

Consult with relevant parties (i.e., subrecipients, contractors, design engineers) to identify

products that would bring the BABAA‐compliant products’ cost estimate down below the 25

percent threshold. These products would be the subject of the waiver and could be procured

from a foreign source if the waiver is approved. For example, if the total project cost using

100% BABAA‐compliant products was $3.2 million and the total project cost using lowest‐

cost products regardless of country of origin was $2.5 million, the total project cost is 28%

higher using BABAA‐compliant products, since ($3.2‐2.5)/2.5 = .28. The total project cost

would have to be reduced to $3.125 million in order for the new project cost including

mostly BABAA‐compliant items to be only 25% greater than the project cost with non‐BABAA

compliant products. The contractor, subrecipient, and recipient would then need to work

together to determine which products should be foreign‐sourced in order to bring the

project cost down by $875,000, which is the gap between the original BABAA‐compliant

project cost and the revised project cost that is 25 percent more than the non‐BABAA

compliant project cost.

7.2 Public Interest Waiver Development 

Public interest project waivers are expected to be rare. If a recipient requests a public interest waiver,

the recipient will need to demonstrate that it is not in the public interest to enforce BABAA

requirements for a given project grant.  

The specific evidence needed to support a public interest waiver will be determined through discussions

with OGCR on a case‐by‐case basis. The recipient should engage in dialogue with OGCR to understand

the specific requirements and provide the necessary justification for the waiver request based on the

unique circumstances of the project.  

7.2.1  CompleƟon and SubmiƩal of Waiver Forms  

Once the recipient has completed due diligence, it can submit the waiver request to Treasury. To do this,

the recipient begins by accessing the RGMS and providing all information identified in Form Part I and

Part II, as applicable. If the recipient is not able to access RGMS, it should contact OGCR for technical

guidance.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 23

Form – Part I includes 24 items that recipients must address. Form – Part II is an Excel spreadsheet

recipients must complete when products are identified in the waiver request and/or products must be

itemized for an unreasonable cost waiver request. The RESTORE Act – Buy America Preference webpage

has the most up‐to‐date information and resources regarding RESTORE Act, Direct Component Buy

America Preference.

7.2.1.1 BABAA Waiver Request InformaƟon Form – Part I

When filing a request for a waiver, the recipient will start by completing BABAA Waiver Request

Information Form – Part I in RGMS. The recipient must include the following information:

 The type of waiver (public interest, nonavailability, or unreasonable cost).

 The waiver level they are applying for (for nearly all waiver ‘award‐level’ should be selected;

however, if the grant is for a program with multiple projects, select ‘project‐level’)

 What product or category of products the waiver request is for, including details on

quantities, product specifications, lead times, and costs, as applicable.

 Justification as to why the recipient should be granted the requested waiver, including the

due diligence research documentation, as applicable.

 Any additional information such as project plans, the project timeline, and product

specifications (to aid OGCR in performing its due diligence).

 Contact information (the contact person may differ from the certifying official and should be

someone well positioned to answer technical questions about the project).

 The date and signature from the certifying official.  

Narrative requirements vary between the different types of waivers. Recipients should pay close

attention to details and provide information from the due diligence research, as appropriate.  

 Public interest waivers: BABAA Waiver Request Information Form – Part I requests that the

recipient contact OGCR for a consultation prior to preparing and submitting the waiver

request.  

 Nonavailability waivers: BABAA Waiver Request Information Form – Part I requires that the

recipient upload a narrative response that includes the results from the due diligence

performed to determine lack of availability of the identified product. Recipients should also

include documentation of market research conducted, emails, project specifications, and

quotes.  

 Unreasonable cost waiver: BABAA Waiver Request Information Form – Part I requests that

the recipient upload a narrative response that includes products (iron and steel products,

manufactured products, and construction materials) the recipient requests to be waived

from the BABAA requirements to reduce the total project cost below the cost threshold (i.e.

so that the total project cost once the waiver is granted would be 25 percent or less of the

total project cost with competitively‐sourced products). The information should include the

final cost comparisons of obtaining the product domestically versus from foreign sources

and, if completed, the Waiver Request Due Diligence Form.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 24

All waiver requests should include additional items or information that could be useful during OGCR’s

review of the waiver application, such as project timelines or detailed drawings or specifications of

products identified in the waiver request.

7.2.1.2 BABAA Waiver Request InformaƟon Form – Part II

If the recipient is requesting a waiver for unreasonable cost and/or for multiple products, regardless of

the waiver type, they must complete BABAA Waiver Request Information Form – Part II as part of the

waiver process; BABAA Waiver Request Information Part II is usually completed by the project engineer

or construction contractor. BABAA Waiver Request Information Form – Part II is a spreadsheet that

requires the input of product information, including the product North American Industry Classification

System (NAICS) codes and Product Services Codes (PSCs), which can be found at the following websites:  

 Acquisition.gov Product and Service Code Manual: https://www.acquisition.gov/psc‐manual  

 Census.gov North American Industry Classification System: https://www.census.gov/naics/  

Additionally, for unreasonable cost waiver requests, BABAA Waiver Request Information Form – Part II

requires the price of the foreign‐sourced products and the domestic‐sourced products proposed to be

waived. This should be reflective of the information obtained during the due diligence research.  

7.3  General Applicability Waiver Development  

OGCR develops and issues general applicability waivers. OGCR will ensure the key principles outlined in

the OMB Memorandum M‐24‐02 are met, including that the waiver is time‐limited, targeted, and

conditional. OMB provides the following guidance on these key principles:

 Time‐limited: In certain limited circumstances, a federal agency may determine that a

waiver should be constrained principally by the length of time, rather than by the specific

projects to which it applies. Waivers of this type may be appropriate, for example, when an

item that is “nonavailable” is widely used in projects funded by a particular program’s

awards. When issuing such a waiver, the agency should identify a short, definite time frame

(e.g., no more than one to two years) designed to ensure that, as domestic supply becomes

available, domestic producers will have prompt access to the market created by the

program.  

 Targeted: Waivers that are not limited to particular projects should apply only to the

item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s)

necessary. Waivers that are overly broad will tend to undermine domestic preference

policies. Broader waivers will receive greater scrutiny from MIAO.  

 Conditional: Federal agencies are encouraged to issue waivers with specific conditions that

support the policies of the Act and the Executive Order.”12

7.3.1  Treasury’s Process  

BABAA grants OGCR the authority to develop general applicability waivers to apply at a program level

and across multiple awards. The process is as follows:

12 OMB Guidance M‐11‐22.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 25

1. OGCR will determine if one of the following types of general applicability waivers is needed:

Nonavailability waivers:

OGCR will only pursue general applicability waivers based on

nonavailability when research by OGCR (or by another federal agency that

has already received such a waiver) demonstrates that one or more

products or category of products is not available domestically. Research

should focus on first establishing if the product is made domestically, then

whether it is produced in sufficient quantities and whether it can be

consistently and reliably provided to meet required project timelines.

Examples of past general applicability nonavailability waivers issued under

other domestic content procurement preference requirements include a

short‐term stainless‐steel nuts and bolts waiver and a pig iron waiver

issued by EPA.  

Public interest waivers:

OGCR will only pursue general applicability waivers based on public

interest to comply with the Direct Component program’s statutory

requirements or advance program objectives. These waivers may cover

specific project types or phases or another subset of projects meeting

specified criteria. The Pipeline and adjustment period waivers are

examples of public interest waivers.  

2. OGCR will conduct research and outreach:

Nonavailability waivers:

OGCR will conduct research on the availability of products considered for

inclusion in the waiver. This research will be similar to research conducted

for project waivers, but likely more extensive. It may include outreach to

recipients, subrecipients, construction contractors, manufacturers,

industry associations, and other interested parties.

Public interest waivers:

OGCR may consider waivers passed by other agencies, as well as waivers

that are specific to OGCR. Research for public interest waivers will be on a

case‐by‐case basis, but like nonavailability research, it may include

outreach to recipients, subrecipients, construction contractors,

manufacturers, industry associations, and other interested parties.

Additionally, information directing the waiver research may come from

working with or contacting MIAO’s workgroups or MIAO directly.  

3. OGCR staff will draft waiver language in consultation with OGCR’s BABAA Working Group.  

4. The OGCR Program Director will review the draft and make changes as necessary to ensure the

waiver is time‐limited, targeted, and conditional as outlined in OMB Memorandum M‐24‐02.  

5. Treasury’s Office of General Counsel will review the draft waiver for legal sufficiency.  

6. OGCR will consult with MIAO regarding whether the waiver is consistent with applicable laws

and policies.

7. OGCR will post the draft for a minimum of 30 days for a public comment period on

madeinamerica.gov, as well as OGCR’s Buy America Preference webpage.  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 26

8.

The OGCR Policy Analyst, Construction/BABA Manager, or other OGCR staff will be responsible

for reviewing comments, with the help of the Program Director, and as needed with input

from the OGCR Working Group. OGCR will incorporate any necessary changes into the waivers.  

9. The updated proposed waiver will then be sent by OGCR to MIAO for review.

10. MIAO will ensure that the waiver is consistent with applicable laws and policies and notify

OGCR of its determination.  

11.

OGCR will post the approved waiver on the RESTORE Act – Buy America Preference webpage,

along with the comments and OGCR’s response to comments. OGCR shall also cross‐post the

waiver to the GSA BuyAmerica.gov13 website.  

OGCR will maintain awareness of the general applicability/national waivers that other agencies issue for

products or categories of goods. OGCR may use the centralized madeinamerica.gov waiver website,

meetings of the MIAO Interagency Working Group, and individual agency websites (in particular EPA’s

Clean Water Act State Revolving Fund BABAA webpage) to track relevant waivers that other agencies

are issuing.  At the time of developing these procedures, OMB does not allow agencies to directly adopt

other agency waivers.

7.3.2  Working with MIAO 

For both project and general applicability waivers, OGCR will consult with MIAO; MIAO will review the

waiver to determine if it is consistent with applicable laws and policies. When OGCR is developing a

general applicability waiver, it will consult with MIAO regarding the waiver prior to posting it for public

comment. OGCR will submit all draft waivers, the award‐ or project‐level and general applicability, to

the MIAO for review after the public comment period has concluded for MIAO’s determination as to

whether the draft waiver is consistent with applicable law and policy as required by OMB Memorandum

M‐24‐02, page 6.

   

13 BuyAmerica.gov redirects to MadeInAmerica.gov.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 27

Appendices 
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 28

Appendix A: Iron and Steel Products  

All iron and steel used in the project must be produced in the United States unless a BABAA waiver

has been approved. All manufacturing processes must have occurred in the United States, from the

initial melting stage through the application of coatings. Examples include, but are not limited to:

 Access Hatches

 Access Ramps

 Aeration Pipes and Fittings

(separate from

aeration/blowers)

 Angles

 Backflow Preventers/Double

Check Valves

 Baffle Curtains

 Ballast Screens

 Bathroom Stalls

 Beam Clamps

 Bollards

 Cable Hanging Systems

 Cast Bases

 Cast Iron Hinged Hatches

 Cast Iron Riser Rings

 Catch Basin Inlets

 Clarifier Tanks

 Cleanout/Monument Boxes

 Coiled Steel

 Column Piping

 Concrete Reinforcing Bar,

Wire, and Fibers

 Condensate Sediment Traps

 Construction Covers and

Frames

 Corrugated Pipe

 Couplings

 Curb and Corner Guards

 Curb Boxes

 Curb Openings

 Curb Stops

 Decking

 Detectable Warning Plates

 Digestor Covers

 Dome Structures

 Door Hardware

 Framing

 Gate Valves

 Generic Hanging

Brackets

 Grating

 Ground Test Wells

 Ground Testing Boxes

 Guardrails

 HVAC Registers,

Diffusers, and Grilles

 Hydrants

 Inlets

 Iron or Steel Bar

 Iron or Steel Benches

 Joists

 Junction Boxes

 Knife Gates

 Ladders

 Lampposts

 Lifting Hooks, J‐bar,

Connectors, and Anchors

for Concrete

 Lined and Unlined

Fittings

 Lined and Unlined Pipe

 Lockers

 Man Baskets and

Material Platforms

 Manhole Covers and

other Municipal Castings

 Manhole Rings and

Frames

 Manhole Risers

 Manhole Steps

 Meter Boxes

 Mud Valves

 Municipal Casting

Junctions

 Pre‐Fab Steel

Buildings/Sheds (simple

structure, unfurnished)

 Pre‐Stressed Concrete

Cylinder Pipe (PCCP)

 Railings

 Reduced Pressure Zone

(RPZ) Valves

 Roofing

 Service Boxes

 Service Saddles

 Sheet Piling

 Sinks (not part of

eyewash systems)

 Solenoid Valves

 Stairs

 Static Mixers

 Stationary Screens

 Steel Hinged Hatches

 Steel Riser Rings

 Structural Steel

 Surface Drains

 Tanks

 Tapping Sleeves

 Telescoping Valves

 Tipping Buckets

 Trash Receptacles

 Tree Grates

 Tree Guards

 Trench Grates

 Trusses

 Tubing

 Valve Box Covers and

Risers

 Valve Boxes

 Valve Stem Extensions

 Valve Stems (excluding

handwheels and

actuators)
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 29

   

 Doors

 Downspout Shoes

 Drainage Grate Frames and

Curb Inlets

 Drainage Grates

 Ductwork

 Expansion Joints

 Expansion Tanks (diaphragm,

surge, and hydropneumatics)

 Fasteners

 Fencing and Fence Tubing

 Fire Escapes

 Flanged Pipe

 Flanges

 Flap Gates

 Non‐Mechanical

(stationary) Louvers and

Dampers

 Overhead Rolling Doors/

Uplifting Doors (manual

open, no motor)

 Pipe Clamps and

Restraints

 Pipe Connectors

 Pipe Hangers

 Pipe Pilings (any type of

steel piling)

 Pipe Spool (e.g., pipe,

flanges, connectors)

 Pipe Supports

 Pitless Adaptors

 Pre‐Cast, Iron/Steel

Reinforced Concrete (all

types, regardless of

iron/steel content

percentage)

 Valves

 Wall Panels

 Wall Sleeves/Floor

Sleeves

 Welding Rods

 Well Casing

 Well Screens

 Wire

 Wire Cloth

 Wire Rod

 Wire Rope and Cables
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 30

Appendix B: List of Typical Manufactured Products 

14 Section 70917(c) materials means “cement and cementitious materials; aggregates such as stone, sand, or gravel;

or aggregate binding agents or additives.”

Manufactured Products 

All manufactured products used in the project must be produced in the United States unless a BABAA

waiver has been approved.  Manufactured product are articles, supplies, or materials that have been

(i) processed into a specific form and shape; or (ii) combined with other articles, materials, or supplies

to create a product with different properties than the individual articles, materials, or supplies. If an

item is classified as an iron or steel product, a construction material, or a Section 70917(c) material14

under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured

product. However, an article, material, or supply classified as a manufactured product under 2 CFR

184.4(e) and under section i and ii of this definition may include components that are construction

materials, iron or steel products, or section 70917(c) materials. .  BABAA‐compliant manufactured

products are produced in the United States, and the cost of components of the manufactured product

that are mined, produced, or manufactured in the United States exceeds 55 percent of the total cost

of all components, with total cost calculated as follows:

(a) For components purchased by the manufacturer, the acquisition cost, including

transportation costs to the place of incorporation into the manufactured product (whether or

not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty‐

free entry certificate is issued); or

(b) For components manufactured by the manufacturer, all costs associated with the

manufacture of the component, including transportation costs as described in paragraph (a),

plus allocable overhead costs, but excluding profit. Cost of components does not include any

costs associated with the manufacture of the manufactured product.

 Actuator Superstructures/

Support Structures

 Aeration Nozzles and

Injectors

 Aerators

 Analytical Instrumentation

 Analyzers (e.g., ozone,

oxygen)

 Automated Water Fill

Stations

 Blowers/Aeration Equipment

 Boilers, Boiler Systems

 Chemical Feed Systems (e.g.,

polymer, coagulant,

treatment chemicals)

 Chemical Injection Quills

 Chemical Injectors

 Exhaust Fans

 Fall Protection Anchor

Points

 Fiberglass Tank

w/Appurtenances

 Filters (and

appurtenances, including

underdrains, backwash

systems)

 Flocculators

 Fluidized Bed

Incinerators

 Furnished Pre‐Fab

Buildings (such as

furnished with pumps,

mechanics inside)

 Meters (including flow,

wholesale, water, and

service connection)

 Motorized Doors (unit)

 Motorized Mixers

 Motorized Screens (such

as traveling screens)

 Motors

 Pelton Wheels

 Pipeline Flash Reactors

(similar to injectors)

 Plate Settlers

 Precast Concrete

Without Iron/Steel

Reinforcement

 Presses (including belt

presses)
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 31

   

 Clarifier Mechanisms/Arms

 Compressors

 Controls and Switches

 Conveyors

 Cranes

 Desiccant Air Dryer Tanks

 Dewatering Equipment

 Dewatering Roll‐Offs

 Disinfection Systems

 Drives (e.g., variable

frequency drives)

 Electric/Pneumatic/Manual

Accessories Used to Operate

Valves (such as electric valve

actuators)

 Electrical Cabinetry and

Housings (such as electrical

boxes/enclosures)

 Electrical Conduit

 Electrical Junction Boxes

 Electronic Door Locks

 Elevator Systems (e.g.,

hydraulic)

 Emergency Life Systems

(including eyewash stations,

emergency safety showers,

fire extinguishers, fire

suppression systems

including sprinklers

/piping/valves, and first aid)

 Galvanized

Anodes/Cathodic

Protection

 Gear Reducers

 Generators

 Geothermal Systems

 Grinders

 Heat Exchangers

 HVAC (excluding

ductwork)

 HVAC Dampers (if

appurtenances to

aerators/blowers)

 HVAC Louvers

(mechanical)

 Instrumentation

 Intake and Exhaust

Grates (if appurtenances

to aerators/blowers)

 Laboratory Equipment

 Ladder Fall Prevention

Systems

 Ladder Safety Posts

 Lighting Fixtures

 Lightning and Grounding

Rods

 Mechanical or Actuated

Louvers/Dampers

 Mechanical Rakes

 Membrane Bioreactor

Systems

 Membrane Filtration

Systems

 Metal Office Furniture

(fixed)

 Pressure Gauges

 Pump Cans/Barrels and

Strainers

 Pumps

 Safety Climb Cable

 Sampling Stations (unless

also acting as hydrant)

 Scrubbers

 Sensors

 Sequencing Batch

Reactors (SBR)

 Slide and Sluice Gates

 Spray Header Units

 Steel Cabinets (fixed

interior/furniture)

 Steel Shelving (fixed)

 Supervisory Control and

Data Acquisition (SCADA)

Systems

 Tracer Wire

 Valve Manual Gears,

Actuators, Handles

 Voltage Transformer

 Water Electrostatic

Precipitators (WESP)

 Water Heaters

 Weir Gates
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 32

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 33

Appendix C: Sample Treasury BABAA Standard Contractor Contract and Bid 

Language 

Suggested Treasury BABAA Contractor Contract Language:  

The Contractor acknowledges to and for the benefit of [Insert Treasury Direct Component Recipient

Name] (“Recipient”) and the United States Department of the Treasury (“Treasury”) that it understands

the goods and services under this Agreement are being funded with grant funds made available by the

Resources and Ecosystems Sustainability, Tourist OpportuniƟes, and Revived Economies of the Gulf Coast

States Act (RESTORE Act), Direct Component program, which is administered by the Office of Gulf Coast

RestoraƟon (OGCR) that has statutory requirements commonly known as the Build America, Buy

America Act (BABAA) that require all iron and steel products, manufactured products, and construcƟon

materials used in the infrastructure project be produced in the United States (Buy America Preference

Requirement), including iron and steel products, manufactured products, and construcƟon materials

provided by the Contactor pursuant to this Agreement. The Contractor hereby represents, warrants and

covenants to and for the benefit of the Recipient and Treasury that (a) the Contractor has reviewed and

understands BABAA requirements that (b) all of the iron and steel products, manufactured products, and

construcƟon materials used in the project must be produced in the United States in a manner that

complies with the BABAA requirements, unless a waiver of the requirement is approved by Treasury, and

(c) the Contractor will provide any further verified informaƟon, cerƟficaƟon, or assurance of compliance

with this paragraph, or informaƟon necessary to support a waiver of the BABAA requirements, as may be

requested by the Recipient or Treasury. Notwithstanding any other provision of this Agreement, any

failure to comply with this paragraph by the Contractor shall permit the Recipient or Treasury to recover

any damages from the Contractor for any loss, expense, or costs (including without limitaƟon aƩorneys’

fees) incurred by the Recipient or Treasury that resulted from any such failure (including without

limitaƟon any impairment or loss of funding, whether in whole or in part, from the Treasury or any

damages owed to the Treasury by the Recipient). Where appropriate, the Treasury may require the

removal of an idenƟfied non‐domesƟc product and require that the product be replaced with a

domesƟcally produced product at the Recipient or Contractor’s expense. While the Contractor has no

direct contractual privity with the Treasury, as the Federal awarding agency to the Recipient for the grant

funding provided for its project, the Recipient and the Contractor agree that the Treasury is a third‐party

beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this

paragraph force or effect) shall be amended or waived without the prior wriƩen consent of Treasury.

Suggested Treasury BABAA Bid Language:  

AdverƟsement for Bids  

This request for proposal is for services related to an infrastructure project that is subject to the Build

America, Buy America Act (BABAA) requirements included in the Infrastructure Investment and Jobs Act

(IIJA), Pub. L. 177‐58, §§ 70901‐70953. Absent an approved waiver, all iron, steel, manufactured

products, and construcƟon materials used in this project must be produced in the United States, as

further outlined in 2 CFR Part 184 and the Office of Management and Budget’s Memorandum M‐24‐02

Ɵtled, “ ImplementaƟon Guidance on ApplicaƟon of Buy America Preference in Federal Financial

Assistance Programs for Infrastructure,” dated October 25, 2023.  

AdverƟsement for Engineering Design Contract 

This request for proposal is for services related to an infrastructure project that is subject to the Build

America, Buy America Act (BABAA) requirements included in the Infrastructure Investment and Jobs Act
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 34

(IIJA), Pub. L. 177‐58, §§ 70901‐70953. This request for proposal will consider an engineering design that

requires installaƟon of domesƟcally‐made products in this project. The engineering design must

incorporate in the Bid Addenda, Executed Contracts, and Change Orders that all iron, steel,

manufactured products, and construcƟon materials are BABAA compliant, produced in the United States,

as further outlined in 2 CFR Part 184 and the Office of Management and Budget’s Memorandum M‐24‐

02 Ɵtled, “ImplementaƟon Guidance on ApplicaƟon of Buy America Preference in Federal Financial

Assistance Programs for Infrastructure,” dated October 25, 2023. In absence of a readily available and

sufficient quanƟƟes of domesƟcally made products, the Contractor will consider and explore all available

alternaƟves before requesƟng a waiver.  

InstrucƟons to Bidders 

Any request for subsƟtute or “or equal” shall include the manufacturer’s cerƟficaƟon of compliance with

the Build America, Buy America Act (BABAA) requirements included in the Infrastructure Investment and

Jobs Act (IIJA), Pub. L. 177‐58, §§ 70901‐70953.  

If the InstrucƟons include a federal requirements secƟon, include the following BABAA requirements for

this project.  

Bid Form 

Bidder’s representaƟon secƟon:  

Bidder is familiar with all laws and regulaƟons that may affect the cost, progress, and performance of the

work, including the Build America, Buy America Act (BABAA) requirements.  

General or Supplemental CondiƟons 

DefiniƟons secƟon:  

BABAA:  The Infrastructure Investment and Jobs Act (IIJA), also known as the BiparƟsan Infrastructure

Deal of 2021 includes the Build America, Buy America Act that requires a Buy America Preference for

federal financial assistance awards for infrastructure which sƟpulates that all iron and steel,

manufactured products, and construcƟon materials used in such infrastructure projects are produced in

the United States.  

ConstrucƟon Materials: ConstrucƟon materials are defined as arƟcles, materials, or supplies that consist

of only one of the following items: non‐ferrous metals, plasƟc and polymer‐based products (including

polyvinylchloride, composite building materials, and polymers used in fiber opƟc cables), glass (including

opƟc glass), fiber opƟc cable (including drop cable), opƟcal fiber, lumber, engineered wood, or drywall.

Minor addiƟons of arƟcles, materials, supplies, or binding agents to one of the construcƟon materials

listed above, or the inclusion of one of these listed construcƟon materials as an input to another listed

construcƟon material, does not change the categorizaƟon of the construcƟon material  

Manufactured Product: Manufactured product are articles, supplies, or materials that have been (i)

processed into a specific form and shape; or (ii) combined with other articles, materials, or supplies to

create a product with different properties than the individual articles, materials, or supplies.  If an item

is classified as an iron or steel product, a construction material, or a Section 70917(c) material15 under 2

CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product.

15 Section 70917(c) materials means “cement and cementitious materials; aggregates such as stone, sand, or gravel;

or aggregate binding agents or additives.”
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 35

However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and

under section i and ii of this definition may include components that are construction materials, iron or

steel products, or section 70917(c) materials.  .BABAA‐compliant manufactured products are produced

in the United States, and the cost of components that are mined, produced, or manufactured in the

United States exceeds 55 percent of the total cost of all components, with total cost calculated as

follows:

(a) For components purchased by the manufacturer, the acquisition cost, including transportation

costs to the place of incorporation into the manufactured product (whether or not such costs

are paid to a domestic firm), and any applicable duty (whether or not a duty‐free entry

certificate is issued); or

(b) For components manufactured by the manufacturer, all costs associated with the manufacture

of the component, including transportation costs as described in paragraph (a), plus allocable

overhead costs, but excluding profit. Cost of components does not include any costs associated

with the manufacture of the manufactured product.

Manufacturer’s CerƟficaƟon: DocumentaƟon provided by a manufacturer cerƟfying that the items

provided by manufacturer meet the Buy America Preference requirements of BABAA.  

Contractor’s ResponsibiliƟes secƟon:  

All products must meet BABAA requirements.  

Contractor shall include manufacturer’s cerƟficaƟon for BABAA requirements with all applicable

submiƩals. If a specific manufacture is used in the bidding, a statement that Manufacturer will comply

with BABAA requirements must be included with the bid submission. Contractor shall comply with

BABAA requirements, including coordinaƟon with manufacturers, distributors, and suppliers to correct

deficiencies in any BABAA documentaƟon.  

Engineer/Architect approval of shop drawings or samples shall include review of BABAA documentaƟon.  

Contractor shall cerƟfy upon compleƟon that all work and materials have complied with BABAA

requirements.  

For any change orders, Contractor shall provide BABAA documentaƟon for any new products or

materials required by the change.  

InstallaƟon of materials or products that are not compliant with BABAA requirements shall be

considered defecƟve work. Contractor should ensure that Engineer/Architect has an approved

manufacturer’s cerƟficaƟon or waiver prior to items being delivered to the project site.  

By submiƫng an applicaƟon for payment, based in whole or in part on furnishing equipment or

materials, Contractor cerƟfies that such equipment and materials, to Contractor’s knowledge, are

compliant with BABAA requirements.  

Federal Requirements secƟon:  

Buy America Preference: Iron and steel products, Manufactured Products, and ConstrucƟon Materials

used in this project must comply with the requirements set forth in secƟon 70914 of BABAA and 2 CFR

Part 184..

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 36

Appendix D: Subrecipient’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA), and Other Applicable 

Federal RegulaƟons and OMB Guidance  

 

DATE: ________________________

RE:  PROJECT NAME______________________________

        RECIPIENT__________________________________

        GRANT NUMBER _________________________

I hereby cerƟfy that to the best of my knowledge and belief all iron and steel products, manufactured

products, and construcƟon materials installed in this project comply with the requirements of secƟon

70914 of the Build America, Buy America Act (BABAA) and 2 CFR Part 184, or are the subject of a waiver

approved by the Secretary of the Treasury or designee.  

This cerƟficaƟon to be submitted upon completion of the project to the Recipient.  

Name of the Subrecipient (PRINT)

By Authorized Representative (SIGNATURE)

Title  
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 37

Appendix E: Contractor’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA) and Other Applicable 

Federal RegulaƟons and OMB Guidance  

DATE: ________________________

RE:  PROJECT NAME_____________________________

        CITY, STATE ________________________

        CONTRACT NUMBER_________________________

        FUNDED UNDER GRANT NUMBER ________________________

I hereby cerƟfy that to the best of my knowledge and belief all iron and steel products, manufactured

products, and construcƟon materialsinstalled in this project by my company and by allsubcontractors and

manufacturers/suppliers contracted with comply with the requirements of secƟon 70914 of the Build

America, Buy America Act (BABAA) and 2 CFR Part 184, or are the subject of a waiver approved by the

Secretary of the Treasury or designee.  

This cerƟficaƟon to be submiƩed upon compleƟon of the project to the project engineer.  

Name of the Contractor (PRINT)

By Authorized Representative (SIGNATURE)

Title  

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 38

Appendix F: Subcontractor’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA) and Other Applicable 

Federal RegulaƟons and OMB Guidance  

DATE: ________________________

RE:  PROJECT NAME_____________________________

        CITY, STATE_______________________

        CONTRACT NUMBER ________________________

        FUNDED UNDER GRANT NUMBER ________________________

I hereby cerƟfy that to the best of my knowledge and belief all iron and steel products, manufactured

products, and construcƟon materials installed in this project by my company and all

manufacturers/suppliers contracted with comply with the requirements of secƟon 70914 of the Build

America, Buy America Act (BABAA), and 2 CFR Part 184, or are the subject of a waiver approved by the

Secretary of the Treasury or designee.  

This cerƟficaƟon to be submiƩed upon compleƟon of the project to the contractor.  

Name of the Subcontractor (PRINT)

By Authorized Representative (SIGNATURE)

Title  

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 39

Appendix G: Engineer’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA) and Other Applicable 

Federal RegulaƟons and OMB Guidance  

 

DATE: ________________________

RE:  PROJECT NAME______________________________

        CITY, STATE ________________________

        CONTRACT NUMBER_________________________

        FUNDED UNDER GRANT NUMBER __________________________

I hereby cerƟfy that to the best of my knowledge and belief all iron and steel products, manufactured

products, and construcƟon materials installed in this project comply with the requirements of secƟon

70914 of the Build America, Buy America Act (BABAA)  and 2 CFR Part 184, or are the subject of a waiver

approved by the Secretary of the Treasury or designee. This cerƟficaƟon is not intended to be a warranty

in any way, but rather the designer’s professional opinion that to the best of their knowledge the

documents comply.

I hereby commit that to the best of my ability all iron and steel products, manufactured products, and

construcƟon materials that will be referenced in the Bid Addenda, Executed Contracts, and Change

Orders will comply with the requirements of secƟon 70914 of the  Build America, Buy America Act

(BABAA) and 2 CFR Part 184 or are the subject of a waiver approved by the Secretary of the Treasury or

designee.  

This leƩer is to be submiƩed to recipient/subrecipient prior to authorizaƟon of adverƟsement of bids.  

Name of the Engineering Firm (PRINT)

By Authorized Representative (SIGNATURE)

Title  

 

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 40

Appendix H: Manufacturer’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA) Preference 

Requirements for Iron and Steel Products 

 

 

Date: _______________________________________________

Company Name: ______________________________________

Company Address: ____________________________________

Subject: BABAA CerƟficaƟon for Iron and Steel Products  

Project Name (include City, State):  

I, [Name of Company RepresentaƟve], cerƟfy that all manufacturing and fabricaƟng processes  from the

iniƟal melƟng stage through the applicaƟon of coaƟngs for the following iron and steel products

provided for the project occurred in the United States and are in full compliance with the requirements

of secƟon 70914 of the Build America, Buy America Act (BABAA) and 2 CFR Part 184.

Detailed Name of Items, Products and/or Materials:  

Quantity Item Description Manufacturer Location (City/State)

    

(Add addiƟonal lines if necessary.)

Such processes for BABAA took place at the following locaƟon:

__________________________________________

(City, State)

X_________________________________________

(Authorized RepresentaƟve Signature)

(Note: Authorized signature shall be manufacturer’s representaƟve not the material distributor or

supplier)
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 41

Appendix I: Manufacturer’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA) Buy America 

Preference Requirements for Manufactured Products 

Date: _______________________________________________

Company Name: ______________________________________

Company Address: ____________________________________

Subject: BABAA CerƟficaƟon for Manufactured Products  

Project Name (include City, State): _________________________________________________

I, [Name of Company RepresentaƟve], cerƟfy that all manufacturing and fabricaƟng processes for the

following manufactured products provided for the project were produced in the United States and are in

full compliance with the requirements of secƟon 70914 of the Build America, Buy America Act (BABAA)

and other applicable federal regulaƟons and OMB guidance.

Manufactured product means articles, supplies, or materials that have been (i) processed into a specific

form and shape; or (ii) combined with other articles, materials, or supplies to create a product with

different properties than the individual articles, materials, or supplies..  If an item is classified as an iron

or steel product, a construction material, or a Section 70917(c) material16 under 2 CFR 184.4(e) and the

definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material,

or supply classified as a manufactured product under 2 CFR 184.4(e) and under section i and ii of this

definition may include components that are construction materials, iron or steel products, or section

70917(c) materials.  BABAA‐compliant manufactured products are produced in the United States, and

the cost of components of the manufactured product that are mined, produced, or manufactured in the

United States exceeds 55 percent of the total cost of all components, with total cost calculated as

follows:

(a) For components purchased by the manufacturer, the acquisition cost, including transportation

costs to the place of incorporation into the manufactured product (whether or not such costs

are paid to a domestic firm), and any applicable duty (whether or not a duty‐free entry

certificate is issued); or

(b) For components manufactured by the manufacturer, all costs associated with the manufacture

of the component, including transportation costs as described in paragraph (a), plus allocable

overhead costs, but excluding profit. Cost of components does not include any costs associated

with the manufacture of the manufactured product.

16 Section 70917(c) materials means “cement and cementitious materials; aggregates such as stone, sand, or

gravel; or aggregate binding agents or additives.”
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 42

Detailed Name of Items and/or Products:  

Quantity Manufactured Product Description Manufacturer Location (City/State)

    

(Add addiƟonal lines if necessary.)

Such processes for BABAA took place at the following locaƟon:

__________________________________________

(City, State)

X_________________________________________

(Authorized RepresentaƟve Signature)

(Note: Authorized signature shall be manufacturer’s representaƟve not the material distributor or

supplier)

   
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 43

Appendix J: Manufacturer’s CerƟficaƟon of Compliance with the Requirements of 

SecƟon 70914 of the Build America, Buy America Act (BABAA) Preference 

Requirements for ConstrucƟon Materials 

Date: _______________________________________________

Company Name: ______________________________________

Company Address: ____________________________________

Subject: BABAA CerƟficaƟon for ConstrucƟon Materials  

Project Name (include City, State):  

I, [Name of Company RepresentaƟve], cerƟfy that all manufacturing processes for the following

construcƟon materials provided for the project occurred in the United States and are in full compliance

with the requirements of secƟon 70914 of the Build America, Buy America Act (BABAA) and 2 CFR Part

184.

Construction materials are defined as articles, materials, or supplies that consist of only one of the

following items: non‐ferrous metals, plastic and polymer‐based products (including polyvinylchloride,

composite building materials, and polymers used in fiber optic cables), glass (including optic glass), fiber

optic cable (including drop cable), optical fiber, lumber, engineered wood, or drywall. Minor additions of

articles, materials, supplies, or binding agents to one of the construction materials listed above, or the

inclusion of one of these listed construction materials as an input to another listed construction does

not change the categorization of the construction material. Construction materials do not include items

primarily made of iron or steel; manufactured products; cement and cementitious materials; aggregates

such as stone, sand, or gravel; and aggregate binding agents or additives. Items that consist of two or

more of the listed construction materials that have been combined together through a manufacturing

process, and items that include at least one of the listed construction materials combined with a

material that is not listed through a manufacturing process, should be treated as manufactured products

rather than as construction materials. For example, a plastic‐framed sliding window should be treated as

a manufactured product, while plate glass should be treated as a construction material.    

In accordance with section 70912(6)(C) of BABAA, the term, “produced in the United States” as it relates

to construction materials for infrastructure projects funded with federal financial assistance awards,

including Direct Component awards means all manufacturing processes for the construction material

occurred in the United States.

a) In accordance with 2 CFR 184.6, the standard for being considered “produced in the United

States” for the following construction materials are Non‐ferrous metals. All manufacturing

processes, from initial smelting to melting through final shaping, coating, and assembly,

occurred in the United States.

b) Plastic and polymer‐based products. All manufacturing processes, from initial combination of

constituent plastic or polymer‐based inputs, or, where applicable, constituent component

materials, until the item is in its final form, occurred in the United States.
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 44

c) Glass. All manufacturing processes, from initial batching and melting of raw materials through

annealing, cooling, and cutting, occurred in the United States.

d) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning

(if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All

manufacturing processes also include the standards for glass and optical fiber, but not for non‐

ferrous metals, plastic, and polymer‐based products, or any others.

e) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the

completion of the draw, occurred in the United States.

f) Lumber. All manufacturing processes, from initial debarking through treatment and planing,

occurred in the United States.

g) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster

and additives through cutting and drying of sandwiched panels, occurred in the United States.

h) Engineered wood. All manufactured processes from the initial combination of constituent

materials until the wood product is in its final form, occurred in the United States.

Detailed Name of Items, Products and/or Materials:  

Quantity Material Description Manufacturer Location (City/State)

    

(Add addiƟonal lines if necessary.)

Such processes for BABAA took place at the following locaƟon:

__________________________________________

(City, State)

X_________________________________________

(Authorized RepresentaƟve Signature)

(Note: Authorized signature shall be manufacturer’s representaƟve not the material distributor or

supplier)

 
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 45

Appendix L: Revision History 

This table shows changes made to OGCR BABAA Policies and Procedures. Previous versions of the

manual are maintained by Treasury OGCR.  

OGCR BABAA Policies and Procedures Manual Revision Log 

Revision

Date

Page No. Revision Details Supervisor

Initials

June 2023 All Initial development of BABAA policies and procedures

manual

November

2023

Varied Updated to reflect the requirements in the new OMB

Memo M‐24‐02, “Implementation Guidance on Application

of Buy America Preference in Federal Financial Assistance

Programs for Infrastructure,” dated October 25,2023, which

superseded OMB Memo M‐22‐11, “ Initial Implementation

Guidance on Application of Buy America Preference in

Federal Financial Assistance Programs for Infrastructure”

dated April 18, 2022 and the requirements of the new 2 CFR

Part 184, which went into effect after the original

publication of these policies and procedures. As a result,

this revision updates the definitions of “infrastructure,”

“Buy America Preference,” “construction materials,”

“manufactured products”, as well as clarifies the

determination of cost components for manufactured

products, construction material standards, and the cost of

iron or steel mill products. The revised version also adds a

requirement for Treasury to deny unreasonable cost

waivers when the cost differential is due to dumping of

foreign products. For a full list of changes, see the preamble

to 2 CFR Part 184.

      
Build America, Buy America Act (BABAA) OGCR Policies and Procedures

June 2023    Page 46