EPA updated its BABA Resources page to communicate an administrative/compliance-support change: the EPA Office of the Administrator (OFA) BABA inbox will sunset on Dec. 31, 2026, with inquiries redirected per EPA instructions. This affects how recipients, contractors, and suppliers seek official assistance/interpretations and may require updating internal escalation paths and contact references in compliance procedures and bid/contract templates.
The Department of Education published a Federal Register notice seeking public comment on the Build America, Buy America Act (BABAA) Domestic Sourcing Requirements Waiver Request Form information collection. The notice solicits comments on the proposed data collection for waiver requests under BABA domestic sourcing requirements, allowing the public to provide input on the burden estimates and collection methodology.
EPA issued a project-specific nonavailability waiver under BABA manufactured product requirements for Lexington-Fayette Urban County Government (Kentucky) to allow procurement/use of an optical sorter and robotic sorting equipment because domestic products meeting BABA and the project’s technical specifications were not available. The waiver applies to the identified project and authorizes recipients/contractors to treat the covered items as compliant for the award/project when documenting BABA compliance.
EPA issued a project-specific nonavailability waiver under BABA manufactured product requirements for Towanda Municipal Authority (Pennsylvania) to permit use of jet motive pumps for a CWSRF-funded wastewater project due to lack of BABA-compliant alternatives meeting technical specifications. The waiver affects documentation and procurement decisions for the covered project by allowing the specified noncompliant manufactured products to be used under the waiver’s terms.
EPA posted an approved, project-specific nonavailability waiver under BABA for a drinking water project (City of Iuka, Kansas). The decision memo documents EPA’s determination that compliant domestic products were not available to meet project technical specifications, allowing procurement/use of non-BABA-compliant point-of-use reverse osmosis treatment units for that project only. Compliance teams supporting EPA-funded water infrastructure should track this waiver as it illustrates required waiver justification elements and reinforces that such waivers are limited in scope to the named project and timeframe stated in the decision memo.
EPA issued a project-specific nonavailability waiver under BABA for Dallas Rural Water District (Illinois) covering specified fuel generators for a DWSRF project, based on EPA’s determination that BABA-compliant alternatives meeting the project specifications were not available. This waiver is compliance-relevant for award recipients and suppliers because it authorizes use of the covered generators for the identified project when meeting BABA documentation and procurement requirements.
A project-level nonavailability waiver for certain HVAC equipment for affordable housing projects in Howard County, Maryland appears in the MadeInAmerica.gov federal financial assistance waiver library and is supported by HUD documentation describing the waiver scope (e.g., VRF HVAC systems, heat pumps, mini-splits) and the rationale tied to BABA’s manufactured products component cost test. The HUD document also describes a public comment process (15 days) and provides a submission email, indicating a consultation step associated with this waiver action for BABA compliance on the covered HUD-funded projects.
EPA updated its BABA Resources webpage to announce an administrative/operational change affecting how stakeholders obtain BABA support: the EPA Office of the Administrator (OFA) BABA inbox will be sunset on December 31, 2026, and general EPA BABA inquiries should be directed to the Office of Water BABA mailbox (BABA-OW@epa.gov). This does not amend BABA requirements, but it impacts compliance support workflows for recipients, contractors, and suppliers seeking clarification or routing waiver/support questions.
FHWA published a Federal Register notice seeking public comment on a proposed modification to the waiver of Buy America requirements for electric vehicle (EV) chargers used in Federal-aid highway projects under BABA/Buy America implementation. The proposal seeks input on potentially increasing the domestic content threshold for EV charger components beyond the current 55% (up to 100%), while retaining U.S. final assembly. FHWA states it will decide whether to continue, modify, or discontinue the waiver after considering comments; if finalized, the change would apply to projects obligated after publication of a final notice. Compliance teams supporting EV charging infrastructure (manufacturers, contractors, and recipients) should monitor the docket and be prepared for a higher domestic-component content requirement if adopted.
FHWA issued a Federal Register notice proposing to modify the existing Buy America waiver for electric vehicle chargers and seeking public input. The proposal signals potential tightening of waiver terms (e.g., domestic content thresholds and applicability conditions) for EV chargers used in FHWA-funded projects. Compliance teams supplying EV charging equipment into federally supported transportation projects should review the proposal and prepare to adjust sourcing/certifications if the waiver is narrowed or modified.
EPA OTAQ updated its BABA implementation procedures (FAQ-style memorandum) for OTAQ-administered federal financial assistance programs (e.g., DERA, Clean School Bus-related infrastructure, Clean Ports). The updated procedures clarify applicability (including that BABA applies to infrastructure components) and outline documentation and waiver-related expectations for recipients and contractors. Compliance teams supporting EPA-funded infrastructure projects should align procurement documentation, domestic-content substantiation, and waiver request workflows with the revised OTAQ procedures.
EPA’s Office of Transportation and Air Quality (OTAQ) issued an updated BABA Implementation Procedures document (FAQ/memo format) for OTAQ federal financial assistance programs (including DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles). The update provides program-specific interpretive guidance on BABA applicability and scope (including Purpose-Time-Place concepts), covered product category definitions (iron/steel vs. manufactured products vs. construction materials), compliance documentation/recordkeeping expectations, and waiver usage pathways. The memo includes clarifications relevant to infrastructure vs. rolling stock/equipment (e.g., it states BABA applies to clean/zero-emission school bus infrastructure but not to the bus itself), supporting recipient/contractor specification writing and audit readiness.
EPA OTAQ updated its BABA implementation procedures/FAQ memorandum for OTAQ-administered financial assistance programs (e.g., Clean School Bus-related infrastructure, Clean Ports, and other OTAQ programs). The update provides implementation guidance affecting applicability determinations, documentation expectations, and waiver handling, and includes example contract language and an example certification letter—items commonly flowed down to contractors/suppliers to demonstrate BABA compliance on funded projects.
EPA OTAQ issued an updated memorandum and FAQ-style “BABA Implementation Procedures” for OTAQ-administered federal financial assistance programs (including DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles). The update provides operational guidance on BABA applicability, compliance responsibilities, documentation/certification expectations, and waiver pathways, including newly added/updated Q&As (e.g., de minimis waiver cost calculation clarifications for certain mobile equipment and fueling infrastructure project scenarios). Compliance teams supporting EPA OTAQ-funded projects should align procurement classification (iron/steel, manufactured products, construction materials), contracting language, record retention, and waiver documentation to the updated procedures.
FEMA issued Policy #207-22-0001, Revision 1 revising its Buy America Preference in FEMA Financial Assistance Programs for Infrastructure. The revised policy provides updated guidance on FEMA's implementation of BABA requirements for infrastructure projects receiving FEMA financial assistance, superseding the April 25, 2024 version. The policy clarifies applicability to federal awards obligating funds for infrastructure projects after one year from the effective date.
FHWA updated multiple Q&A documents on January 5, 2026, covering the Manufactured Products Final Rule, general FHWA Buy America Federal-aid Program, BABA requirements for different time periods (pre-October 23, 2023; on/after October 23, 2023 before March 20, 2025; on/after March 20, 2025), and De Minimis Costs and Small Grants waivers. These guidance documents clarify implementation of Buy America requirements for Federal-aid highway projects.
FHWA published an updated Q&A document explaining how BABA/OMB guidance applies to FHWA Federal-aid highway projects. The Q&As clarify construction material coverage and definitions (including required U.S. manufacturing processes consistent with 2 CFR 184.6) and address classification issues (e.g., when combined materials become manufactured products and interactions with iron/steel content). The document reiterates the staged manufactured-products requirements tied to FHWA’s rescission of the manufactured products general waiver: for projects obligated on/after Oct 1, 2025, final assembly must occur in the U.S.; for projects obligated on/after Oct 1, 2026, final assembly plus >55% U.S. component cost applies. Compliance teams should use the updated Q&As to validate material/product classification, supplier declarations, and contract flow-downs for FHWA-funded work.
FEMA issued Revision 1 of its policy on Buy America Preference in FEMA financial assistance programs for infrastructure. The revised policy explains FEMA’s one-year general applicability waiver for the Safeguarding Tomorrow Revolving Loan Fund (STORM/RLF) through Jan 9, 2026, and states that effective Jan 10, 2026, STORM/RLF awards are subject to BABA and FEMA’s policy requirements. Recipients and contractors working on STORM/RLF-funded infrastructure should update procurement controls, contract clauses, and documentation systems to ensure BABA compliance for awards and obligations on/after the applicability date.
FTA published the Fiscal Year 2026 Contractor Manual for Comprehensive Reviews, updating procurement review areas to include BABA requirements under the Infrastructure Investment and Jobs Act. The manual includes revised notes to reviewers regarding BABA applicability and updated governing directives reflecting 2 CFR Part 200 requirements.
The Department of the Interior published an updated Build America Buy America Act FAQs document providing guidance on BABA domestic sourcing requirements for infrastructure projects receiving federal financial assistance. The FAQs address common questions about applicability, product coverage, and compliance obligations for DOI-administered programs.