ARC is responsible for processing and approving all Build America, Buy America (BABA) waiver requests relating to ARC Financial Assistance, including waivers requested by recipients and on behalf of subrecipients. Every waiver must be reviewed by the Made in America Office. To the greatest extent practicable, waivers should be targeted to specific products and projects.

ARC’s Waiver Policy

ARC will review waiver requests carefully against the legal standards, so waivers are neither granted so freely that they undermine domestic production, nor withheld so rigidly that they needlessly delay projects.

ARC may reject or grant waivers in whole or in part. Wherever possible, ARC prefers project-level, product-specific waivers, and may narrow a project-level waiver to a single product. When ARC issues a waiver, it follows these principles:

• Time-limited: where appropriate, a waiver is limited by time (for example, one to two years) or phased out, so domestic producers gain access to the market as supply becomes available.
• Targeted: waivers not tied to a single project apply only to the specific items, products, or materials that are necessary.
• Conditional: ARC tries to attach conditions that support BABA’s goals.

ARC waivers apply only to future spending after the waiver’s effective date. A waiver can be granted after an award is made, but it cannot cover costs already incurred for covered items before the effective date. Refer to ARC’s BABA Guidance for more details on the policy.

Request for Public Comment

Before issuing a final waiver, ARC will post the proposed waiver and its justification in the section below, allow a public comment period of at least 15 days (at least 30 days for modifying or renewing a general applicability waiver), and, unless OMB directs otherwise, submit the proposed waiver to OMB’s Made in America Office for review. After comments and OMB review, ARC may issue a final waiver.

Send waiver comments to BABA@arc.gov.