FEMA is Seeking Public Comment on Proposed De Minimis General Applicability Waiver of the Build America, Buy America Act (BABAA)
FEMA is accepting comments from all stakeholders, including state, local, Tribal, and territorial governments (SLTT), nonprofit organizations, private organizations, industry, and individuals regarding the proposed de minimis general applicability waiver of the Build America, Buy America Act (BABAA).
Date: December 23, 2022 - January 8, 2023
Important Date
Event Details
FEMA has determined that a de minimis general applicability waiver of the BABAA requirements is in the public interest to reduce administrative burden. Upon approval, this general applicability waiver determination will waive the Buy America preference requirements for up to 5 % of the total project costs, up to a maximum of $1,000,000 (the de minimis threshold). As FEMA develops efficient waiver review capabilities, FEMA will review this waiver within five years of the date on which the waiver was issued or more often as appropriate to determine its continued utility, applicability, and relevance with FEMA’s missions and goals consistent with the IIJA, and the Office of Management and Budget (OMB) Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. The de minimis general applicability waiver will apply to recipients and subrecipients under FEMA Federal Financial Assistance Programs Subject to BABAA Buy America Preference.
FEMA will consider all comments received during the comment period. Anyone interested in providing comment on the general applicability public interest waiver may submit a comment before end of day on January 7, 2023.
After the comment period is over, FEMA will submit waiver along with public comments to the OMB for review and approval
Respond by Email
Use the button labeled “Submit Comment” above. Please include, “Public Comment for Proposed De Minimis General Applicability Waiver” as the subject line.