Build America, Buy America Act and Waivers

Published May 17, 2022 (Updated August 23, 2022)

The Build America, Buy America Act (BABA) (Pub. L. No. 117-58, §§ 70901-52) requires recipients of NEH’s Infrastructure and Capacity Building Challenge Grants program and Sustaining Cultural Heritage Collections program to include iron, steel, manufactured products, or construction materials produced in the United States in their projects.

If BABA applies to a program, the requirement will be included in the Notice of Funding Opportunity. Awards subject to BABA will include an award term.  

Waivers

Pursuant to Section 70914(c) of the Act, the NEH Chair may waive the application of a Buy America preference under an infrastructure program under the following limited circumstances.

Individual Project Waivers

When necessary, a recipient may apply for, and NEH may grant, an individual waiver from BABA requirements. Individual waivers may be granted for:

1. Nonavailability – when types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality

2. Unreasonable cost – when the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the total cost of the project by more than 25 percent

General Applicability Waivers

There may also be instances when an award qualifies, in whole or in part, for an existing NEH general applicability waiver. NEH’s general applicability waivers, once available, will be identified below.

Waiver Process

Refer to NEH’s forthcoming BABA waiver guidance for specific information on what to include in a waiver request.

You should coordinate waiver requests with your program officer and must submit them as an email attachment to @email. Waiver requests submitted to NEH are subject to public comment periods of no fewer than 15 days on the NEH and Office of Management and Budget Made in America Office (MIAO) websites and must be reviewed by NEH and MIAO.

NEH Published Waivers

General Applicability Waivers

Draft waivers for public comment

Approved waivers

Individual Waivers

Waiver requests for public comment

Waiver requests approved 

Waiver requests withdrawn 

Waiver requests denied