Waiver Request Submission Guidance for Recipients and Subrecipients

If you use USDA funds to purchase goods, products, and materials for any form of construction, alteration, maintenance, or repair of infrastructure, you must follow the BABA Act’s provisions. When necessary, award recipients may apply for a waiver from these requirements. USDA may waive the application of the domestic content procurement preference in the case of one of three exceptions:

1. Public interest
2. Nonavailability
3. Unreasonable cost

USDA agencies are responsible for processing and approving waivers by prime award recipients and at the subaward level. The prime award recipient must submit any subaward waivers to the USDA agency. To the greatest extent practicable, waivers should be targeted to specific products and projects. The recipient should use the Build America Buy America Waiver Request Data Collection form to submit any waiver request. Each waiver request must be made in writing to the USDA agency and include the following information, as applicable: 

1. Signature by an Authorized Organizational Representative.
2. Waiver type (nonavailability, unreasonable cost, or public interest)
3. Recipient name and Unique Entity Identifier (UEI)
4. Federal awarding agency organizational information (e.g., Common Government-wide Accounting Classification (CGAC) Agency Code)
5. Financial assistance listing name and number
6. Federal financial assistance program name
7. Federal Award Identification Number (FAIN) (if available)
8. Federal financial assistance funding amount
9. Total cost of infrastructure expenditures, including all Federal and non-Federal funds (to the extent known)
10. Infrastructure project description and location (to the extent known)
11. List of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from Buy America requirements, including name, cost, country(ies) of Origin (if known), and relevant PSC and NAICS code for each.
12. A certification that the Federal official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.
13. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach), by the Federal awarding agency and, and in the case of a project or award specific waiver, by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation.
14. Anticipated impact if no waiver is issued.