Form HUDXXX HUD BABA Waiver Form

OMB No: 2502-XX
Expires: XX-XX-XXXX

BUILD AMERICA BUY AMERICA WAIVER REQUEST
This data collection is for submitting a waiver request to the Build America, Buy America requirements.
According to the Build America Buy America Act (BABAA), “none of the funds made available for a Federal
Financial Assistance program for infrastructure, including each deficient program1, may be obligated for a project
unless all of the iron, steel, manufactured products, and construction materials used in the project are produced
in the United States.”

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Waivers are explained in the Office of Management and Budget Memorandum 22-11 and required by the
Infrastructure, Investments and Jobs Act (IIJA) sections 70901 through 70952. Each waiver request must provide
responses to the form questions, as applicable. Instructions are provided in the next paragraph. Contact your
Department of Housing and Urban Development representative for your award or for additional assistance with
completing this data collection.
Instructions: The applicant needs to complete questions 1 through 19, sign and certify the form, and email the
waiver request to {insert HUD email address here}.
Required fields are marked with an asterisk (*)

Questions to be Answered by the Grantee

Legal Name *
Address 1 *

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Address 2

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1. Submitter Contact Information

Unique Entity Identifier (UEI) *

City *

County/Parish

State

Territory/Province

Country *

Zip/Postal Code *

2 . Submitter Email *

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3. Submitter Phone Number *

OMB Number: 2502-XX

4. Federal Financial Assistance Identification Number (FAIN/Award Number) *

5. Housing and Urban Development (HUD) Program Name *

6. Federal Financial Assistance Funding Amount *

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7. Infrastructure Project *

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7.1 State the Infrastructure Project description and location, to the extent known

7.2 Are products used in projects funded by other Federal Agencies beside HUD?

Yes

No

N/A

8. Total funding, including federal and non-federal shares: *
9. Total estimated infrastructure costs, including all federal
and non-federal shares (to the extent known): *

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10. Is this waiver for a specific product or a category of products? Check one below:
a.

Specific Product

b.

Category of Products

11. Listing of Materials, Technical Specifications, and Quantity:

PSC Codes: https://www.acquisition.gov/psc-manual
NAICS Codes: https://www.census.gov/naics/

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List of iron or steel items, manufactured products, and construction materials proposed to be excepted from BABAA
requirements, including name, cost, countries of origin (if known), and relevant Product Service Code (PSC) and North
American Industry Classification System (NAICS) code for each. List each item separately. List the name of the product, how
much the product costs, in U.S. dollars, the country or countries of origin, if known, and the relevant PSC and NAICS for each
product. Links to manuals that provide the PSC and NIACS codes:

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11.1 Technical specification descriptions of items to be waived, if applicable.

11.2 Quantity required:

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12. Scope and level of Waiver *
12.1 Waiver level:
a.

Award Level

c.

Agency Level

b.

Project Level

d.

Program Level

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12.2 Describe the scope of the waiver:

13. Waiver Type *

Choose ONE of the three waiver types listed in this section and only answer the questions applicable to the chosen waiver type.
Nonavailability waivers: Complete section 13.1.

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Unreasonable Cost waivers: Complete section 13.2.

•

Public Interest waivers: Complete section 13.3.

13.1

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Nonavailability Waiver

Applicable responses to the following are required:

A description of the due diligence performed by the applicant, including names and contact information of the
manufacturers, distributors, or suppliers contacted for quotes (minimum 3), and the responses provided. Attach
documentation for additional support if needed.

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13.1.1

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OMB Number: 2502-XX

In the instance that the lead time to obtain a BABA compliant item is excessive, please attach documentation which
indicates in an itemized manner: the sum of the project cost and products that were identified, the cost differential
between the BABA compliant products and the Non-BABA compliant products that increase the overall project cost
to be above the threshold of 25%, and any quality or quantity issues that were interfaced in the BABA compliant
process. Attach documentation for additional support if needed.

13.2

Unreasonable Cost Waiver (BABA compliance increases total project cost by more than 25 percent)

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Applicable responses to the following are required:

What is the additional cost of the BABA compliant items, compared to using iron and steel, manufactured products,
and construction materials of non-domestic or unknown origin? If the additional cost is less than 25 % of the total
project cost, please state, in an itemized manner, which items the Grantee is requesting to be waived. Attach
documentation of prices for BABA compliant and non-compliant items for items to be included in the cost
comparison. Attach documentation for additional support if needed.

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13.2.1

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13.1.2

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OMB Number: 2502-XX

13.3
13.3.1

Public Interest Waiver
Explain how waiving the BABA requirement for this project or product serves the public interest. Attach documentation

14. Additional Waiver Information

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for additional support if needed.

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Provide any additional information for HUD’s consideration of the requested waiver.

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15. Anticipated Impacts *

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Identify any anticipated impacts if no waiver is issued. Attach documentation for additional support if needed.

16. Certification *

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Certification that the Federal assistance recipient made a good faith effort to solicit bids for domestic products
supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

17. Certifying Official Name: *

18. Certifying Official Signature: *
19. Date of Certification: *

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OMB Number: 2502-XX

Public Posting of Waiver Request Information

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The BABAA domestic sourcing requirements waiver authority generally requires the Federal awarding agency to
post this waiver information for a period of public comment and review. The Department will not publicly post
information considered to be personally identifiable information (PII), including signatures and specific contact
information such as an email address and phone number. However, all other information contained in this
form, along with any supporting documentation, may be publicly posted so that the public has adequate
information to comment on your requested wavier of the BABAA domestic sourcing requirements. If you feel
that some of the information contained in this waiver request is “proprietary information” and do not want this
information disclosed, please follow the instructions in “Submission of Proprietary Information”, below. Please
note that your designations of exempt material are not binding on the Department.

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Submission of Proprietary Information

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FOIA exempts from mandatory disclosure any “trade secrets or commercial or financial information obtained
from a person and privileged or confidential.” 5 U.S.C. 552(b)(4) (Exemption 4). In accordance with Exemption 4,
the Department will maintain as confidential any documents submitted by you, or prepared by the applicant or
grantee, that are both customarily and actually treated as private by the applicant or grantee, or closely held
and not publicly disseminated. If you feel that some or all of this submission falls within the scope of Exemption
4 and is entitled to confidential treatment, you must indicate the specific information the applicant or grantee
considers proprietary in a cover attachment to this form. Please note that your designations of exempt material
are not binding on the Department.

Paperwork Burden Statement

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According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless
such collection displays a valid OMB control number. The valid OMB control number for this information collection is 1894New. Public reporting burden for this collection of information is estimated to average 10 hours per response, including
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or
retain benefit (with section 70914 of the Build America Buy America Act (Pub. L. No. 117-58 §§ 70901-70952)). If you have
any comments concerning the accuracy of the time estimate, suggestions for improving this individual collection, or if you
have comments or concerns regarding the status of your individual form, application or survey, please contact your
assigned program officer directly.

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OMB Number: 2502-XX