The Buy American Preferences under 49 U.S.C. § 50101 require that all steel and manufactured goods used in Airport Improvement Program (AIP) funded projects be produced in the United States. In accepting AIP funding, grant recipients must certify that all steel or manufactured products used on any portion of the AIP-funded project are produced in the United States and are of 100 percent U.S. materials.
Under 49 U.S.C. § 50101(b), FAA has the authority to waive these Buy American Preferences if certain market or product conditions exist. These are:
- Applying the Buy American Preferences would be inconsistent with the public interest;
- The steel or goods produced in the U.S. are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
- When the cost of components and subcomponents produced in the U.S. is more than 60 percent of the cost of all components of the facility or equipment procured and final assembly occurs in the United States; or
- Including domestic material will increase the cost of the overall project by more than 25 percent.
Buy American Guidance
- Buy American Guidance (AIP Handbook, Change 1, Appendix X) (PDF)
- Buy American Preferences (49 U.S.C. § 50101)
Required Federal Contract Provisions
- Required Contract Provisions for AIP and Obligated Sponsors: MS Word, PDF (see Section A4, Buy American Preference)
Buy American Waivers
To request a Buy American Waiver on a specific AIP-funded project, Airport sponsors should contact their appropriate Regional Office or Airport District Office (ADO). The following documents may be required when requesting a Buy American Waiver:
- Buy American Product Content Percentage Worksheet (Form 5100-136)
- Buy American Final Assembly Questionnaire (Form 5100-137)
- Buy American Construction Project Content Percentage Worksheet (Form 5100-143)
FAA Headquarters (APP-500) maintains a list of equipment that is frequently used on AIP-funded projects that has been issued a Nationwide Waiver. Sponsors do not need to request waivers for equipment on this Buy American Conformance List. Please use the Contact Us link below to find out how equipment is added to this list.
Waivers Issued - Comment Period Closed
- Nationwide Buy American Waivers Issued (as of September 16, 2022): PDF, MS Excel
- Project Specific Buy American Waivers Issued (as of September 16, 2022): PDF, MS Excel
Waivers Open for Comment
Type I, II, III Equipment/Building, and IV Waivers (as of September 16, 2022)
There are no Type I, II, III Equipment/Building, or IV waivers open for comment at this time.