Buy America Preference Project- or Product-Specific Waiver Form
Last Updated: May 2026
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.
Project- or product-specific waivers to the BAP may be available if it is determined that a waiver falls into one of the following three categories: 1) when applying the domestic content procurement preference would be inconsistent with the public interest, 2) when types of iron, steel, manufactured product, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or 3) where the inclusion of those products and materials will increase the cost of the overall project by more than 25%.
Project- and product-specific waivers are available on a limited, case-by-case basis, after the U.S. Department of Housing and Urban Development’s (HUD) consultation and review with the United States Office of Management and Budget’s (OMB) Made in America Office (MIAO).
Instructions: This form is intended for use by the external project team to provide the necessary information for all necessary BABA project- or product-specific waivers for the referenced project. Complete the Build America, Buy America Waiver Request Data Collection Form, provide all applicable information below, and submit with all applicable supporting documentation 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:      
Type of Project- or Product-Specific Waiver Requested:
•	 Public Interest Waiver
o	Products/materials requiring this waiver:      
o	Complete the Build America, Buy America Waiver Request Data Collection Form
•	 Nonavailability Waiver
o	Products/materials requiring this waiver:      
o	Complete the Build America, Buy America Waiver Request Data Collection Form
•	 Unreasonable Cost Waiver
o	Attach the following:
•	Documentation of the prices for BABA compliant and non-compliant items to be included in the cost comparison.
•	Certification from the engineer or architect attesting to the actual or expected additional administrative cost.
•	List of the items the applicant is requesting to be waived from the BABA requirements to reduce costs below the 25% cost threshold. The BABA requirements will be waived for individual items until the total additional cost of BABA compliance is less than 25% of the total project cost.
Timeframe for the project (for example, May 2027-March 2028) including when purchases will be made and when the project will be completed.      
Identify any anticipated impacts if no waiver is issued.      
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