USDA Renews Build America Waiver Data Form
Published Date: 6/29/2026
Notice
Summary
The USDA is renewing a form called OF-2211 that helps state, local, tribal governments, colleges, and nonprofits request waivers for the Build America Buy America rules. This renewal keeps the data collection going for another three years, with about 470 responses expected each year. If you’re involved, make sure to send your comments by August 28, 2026, to have your say!
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
USDA domestic‑content requirements for projects
If you are a recipient or subrecipient of USDA federal financial assistance used for infrastructure projects (including construction and broadband), you must follow Build America, Buy America (BABAA) sourcing rules: (1) all iron and steel used must be produced in the United States, (2) all manufactured products used must be produced in the United States, and (3) all construction materials must be manufactured in the United States. These sourcing requirements apply when award funds may be used for infrastructure projects.
Waiver options including 25% cost test
USDA may approve waivers to the BABAA domestic sourcing rules in three situations: (1) a Public Interest Waiver if applying the preference is inconsistent with the public interest, (2) a Nonavailability Waiver if required items are not produced in the U.S. in sufficient quantity or quality, and (3) an Unreasonable Cost Waiver if using U.S.-produced items would increase the overall project cost by more than 25 percent. Waiver approval is subject to notice-and-comment requirements and review by the OMB Made in America Office.
Waivers allowed even if infrastructure isn't primary award purpose
USDA may approve BABAA waivers for awards that may be used for infrastructure projects even if infrastructure is not the primary purpose of the award. That means awards with incidental infrastructure use (for example, an award whose primary purpose is not infrastructure but may fund construction or broadband) can be evaluated for waivers under USDA's procedures.
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Key Dates
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