NTIA published updated BABA Compliance and Documentation Requirements guidance for recipients of Broadband Equity, Access, and Deployment (BEAD), Middle Mile, and Tribal Broadband Connectivity Programs. The guidance details documentation requirements, procedures for demonstrating compliance with Buy America Preference, and responsibilities for determining whether products are subject to BABA requirements under 2 CFR Part 184.
DOE issued Financial Assistance Letter (FAL) 2025-08 providing updated implementation guidance for the Buy America Preference requirement under BABA. The guidance is applicable to all DOE financial assistance awards for public infrastructure projects and includes waiver request submittal and review processes. FAL 2025-08 supersedes FAL 2025-01.
NTIA published a BABA compliance and documentation procedures document for NTIA broadband programs. The guidance describes documentation expectations for recipients/subrecipients, emphasizes correct classification of items (iron/steel, manufactured products, construction materials), and discusses waiver request processes and review steps. Compliance teams supporting NTIA-funded projects should incorporate these procedures into supplier documentation collection, record retention, and waiver preparation workflows.
FHWA published a final rule delaying the effective date of its manufactured products Buy America final rule. This action changes the date the amended requirements formally take effect (effective-date delay), which can affect contracting timing, compliance planning, and the applicability of updated regulatory text for recipients and contractors working on FHWA-funded highway projects.
PHMSA issued a nonavailability waiver under BABA for certain products used in the NGDISM grant program (as described in the Federal Register notice). This waiver provides compliance relief where domestic products are not reasonably available, affecting procurement decisions for covered natural gas distribution modernization work funded under the program. Compliance teams should assess whether procurements fall within the waiver’s scope and conditions and document eligibility accordingly.
PHMSA granted a project-specific waiver under BABA for City Utilities of Springfield, Missouri, for certain products used under the NGDISM grant program. The waiver applies only to the identified project and products described in the Federal Register notice. Compliance teams supporting this project (and similarly situated grantees) should ensure waiver scope controls are implemented (product list, project limitation, and recordkeeping) to avoid misapplication to other procurements.
HUD PIH issued Notice PIH 2025-06 updating and clarifying BABA Buy America Preference implementation guidance for Public Housing Agencies and PIH-funded activities, superseding the prior PIH notice. The notice provides updated direction on applicability/scope and implementation considerations (including how BABA applies in certain PIH program contexts and how waivers may be relevant). PIH recipients and their contractors should align procurement planning and compliance documentation with the updated PIH notice.
FHWA issued a final rule updating its Buy America requirements for Federal-aid highway projects by terminating the long-standing Manufactured Products General Waiver and establishing phased-in compliance criteria for manufactured products. Per the rule/agency announcement, projects with FHWA funds obligated on/after 2025-10-01 require U.S. final assembly/manufacturing for manufactured products, and projects obligated on/after 2026-10-01 additionally require that more than 55% of the cost of components be domestically produced. Compliance teams supporting highway infrastructure supply chains should update sourcing/BoM cost roll-ups and supplier certifications to meet the phased obligation-date thresholds.
FHWA published a final rule amending its Buy America regulation for Federal-aid highway projects (23 CFR 635.410) to terminate the longstanding general waiver for manufactured products and establish standards for when manufactured products are considered produced in the United States. The rule provides a phased approach tied to project obligation dates (including a U.S. final assembly requirement starting for projects obligated on/after October 1, 2025, and a 55% domestic component cost requirement for projects obligated on/after October 1, 2026). This change is directly relevant to BABA-aligned domestic preference compliance for highway construction supply chains and contract specifications.
HUD CPD published Notice CPD-2025-01 providing updated implementation guidance for BABA’s Buy America Preference for CPD-funded programs and superseding prior CPD guidance. The notice addresses applicability determinations and administrative expectations (e.g., how certain housing/infrastructure activities should be classified for BAP applicability, and related documentation/recordkeeping and waiver processes). Recipients and contractors using CPD funds should apply the updated CPD framework when scoping projects and documenting domestic preference compliance or waiver use.
HUD CPD issued Notice CPD-2025-01 providing updated implementation guidance for BABA’s Buy America Preference (BAP) requirements for CPD programs and superseding CPD-2023-12. The notice includes key applicability clarifications for housing/infrastructure determinations (e.g., treatment of 1–4 unit versus 5+ unit housing in relation to BAP applicability), as well as guidance on project scope, recordkeeping, and waiver processes. CPD grantees and contractors should review and align project scoping decisions, procurement documentation, and waiver requests to the updated CPD guidance.
DOE issued Waiver Number 2025-07, a nonavailability waiver for domestically assembled Solar Photovoltaics (PV) panels (Solar Modules) under BABA manufactured product provisions. The waiver applies to recipients of DOE federal financial assistance under the Industrial Emissions Demonstrations and Advanced Industrial Facilities Deployment Programs. Waiver issued January 10, 2025 and expires December 31, 2025.
EPA’s Office of the Greenhouse Gas Reduction Fund published a program-specific FAQ/procedures document explaining how BABA applies for GGRF recipients. The guidance addresses applicability determinations (including infrastructure scoping concepts), compliance documentation and certifications, record retention, and waiver processes. GGRF recipients and implementing partners should align procurement documentation and waiver workflows to this program guidance.
FHWA published a Buy America waiver notification for the Illinois Department of Transportation's (IDOT) Pump Station 37 Project. The waiver is limited to applicable purchases by IDOT, IDOT's contractors, or subcontractors of the waiver items (submersible pumps). The waiver does not apply to purchases made for any other products or projects. The waiver is effective from the effective date of the final waiver through the period of performance and closeout of FHWA's financial assistance for the project, estimated to be October 2028.
GSA issued Optional Form 2211 (Revision 5/2024), the Build America Buy America Waiver Request Data Collection form. This standardized form is used for submitting waiver requests to BABA requirements. The form collects information necessary for agencies to evaluate waiver requests for domestic sourcing requirements under Section 70914 of BABA. Form expires 09/30/2026 under OMB Control No. 0505-0028.
OMB guidance for grants and agreements addressing Buy America preferences (BABA implementation for federal financial assistance) was published in the Federal Register. This guidance is a central governmentwide reference used by agencies and recipients to interpret and apply BABA domestic preference requirements, including definitions and waiver processes as implemented through grants and cooperative agreements.