Education Seeks Feedback on Waivers to Buy American Requirements
Published Date: 10/28/2026
Notice
Summary
The Department of Education is asking for public feedback on a form used to request waivers from the Build America, Buy America Act’s domestic sourcing rules. This form helps schools and organizations explain why they can’t use U.S.-made materials for certain projects. Comments are open until November 27, 2026, and the goal is to keep the process smooth without adding extra hassle or costs.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
ED grants must use U.S.-made materials
If your organization receives Department of Education grant funds for infrastructure projects (including construction and broadband infrastructure), you may not use those funds unless: all iron and steel, all manufactured products, and all construction materials used in the project are produced in the United States.
You can request a BABAA waiver on three grounds
Grantees may request a waiver from the domestic sourcing rules if one of three conditions is met: (1) applying the requirement would be inconsistent with the public interest (Public Interest Waiver), (2) the needed iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or satisfactory quality (Non-availability Waiver), or (3) using U.S.-produced items would increase the overall project cost by more than 25 percent (Unreasonable Cost Waiver).
Waiver request form imposes paperwork burden
The Department estimates the BABAA waiver request form will generate 47 responses per year and a total of 470 annual burden hours (an average of about 10 hours per response). The Department is seeking public comment on the form and the estimated burden; comments are due by November 27, 2026.
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