Build America, Buy America (BABA) Act

This resource provides important information about BABA Act requirements, guidance documents on the waiver and comment process, and the full list of USDA waiver requests.

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.

Proposed waivers must be approved internally before being sent to, with the subject “Agency Name Buy America Waiver Request.”

More information on the requirements can be found here: TITLE IX—BUILD AMERICA, BUY AMERICAN,%20Buy%20America%20Act%20Provisions.pdf