Buy America Preference De Minimis Waiver Form
Last Updated: October 2025
The Build America, Buy America Act (BABA) was signed into law on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA). BABA creates an incentive to increase domestic manufacturing through the inclusion of BABA’s Buy America Preference (BAP). In general, the BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with federal financial assistance must be produced in the United States.
The Final BABA CPD Implementation Notice waives the application of the BAP for materials whose total cost is less than 5% of all materials that are covered under BABA to be used in a project, up to $1,000,000. If a project has a need for a particular product(s) for which no domestically produced equivalent is available and the cost is below the De Minimis limit, the BAP can be waived for that product(s) only up to the amount of the calculated limit or $1,000,000, whichever is less.
The United States Department of Housing and Urban Development (HUD) requires a list of iron or steel item(s), manufactured products, and construction material(s) proposed to be excepted from BABA requirements. The list must include the product name, cost, country(ies) of origin (if known), and relevant Product and Service Code (PSC) and North American Industry Classification System (NAICS) code for each. PSC codes can be found in the Product and Service Code Manual and NIACS codes can be found on the United States Census Bureau’s North American Industry Classification System webpage.
Instructions: This form is intended for use by the external project team to analyze the applicability of the HUD De Minimis Waiver for BABA. Complete the analysis below to determine the products for which the BAP can be waived and submit to Minnesota Housing via the Multifamily Customer Portal for approval. Retention of this form shall be consistent with existing records retention requirements for the HOME Investment Partnerships (HOME) Program and the National Housing Trust Fund (NHTF) Program.
Project Name:      
Project Development (D) Number:      
Total Cost of Covered Materials: $     
De Minimis Threshold Amount (5%):      
Covered Materials with Costs Below De Minimis Threshold:
Table 1: Products Included in De Minimis Waiver
Product/Material	Description 
Including country(ies) of origin and relevant PSC and NAICS codes, if known	Quantity	Total Cost	
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Signature
	By signing below, I certify that I have read, fully understand, and agree to strictly comply with the requirements set forth above. By signing, I also certify that I am authorized to commit my organization to complying with said requirements.      
Name of Company
     	     
Authorized Signatory Printed Name	Title
     	     
Authorized Signature	Date