Project-Specific Nonavailability Waiver of Build America, Buy America Act (BABA) Requirements to the Gun Lake Tribe in Michigan, for Aerobic Digester with Nutrient/Compost End-Product

Procurement Summary

The Gun Lake Tribe is seeking a waiver for an aerobic digester (NAICS code 332420) with a nutrient/compost end-product. The aerobic digester is a BABA Manufactured product. The Gun Lake Tribe proposes to procure a non-domestic aerobic digester because no domestic alternative product was identified by the recipient, or through the EPA’s market research completed in July 2024. The project specifies an aerobic digester with an automatic chain/hydraulic lifter, automatic bulk-hopper system (minimum 1,500 lb. storage), auger and food waste shredding device. The digester must have the capacity to operate a minimum of 2,000 lbs. of food waste per day. The aerobic food waste digester must have a compost/nutrient product after digestion. Both the Gun Lake Tribe and the EPA made every effort to obtain a domestically produced aerobic digester. This is both documented in the Gun Lake Tribe’s waiver request, and in the description of EPA’s extensive research efforts listed below. EPA conducted market research that concluded on July 29, 2024. The market research process included thorough review of the waiver request submission, examination of domestic manufacturer catalogs and other technical data and marketing materials, personal communication with domestic manufacturers, and inquiries and review of existing waiver requests by EPA personnel. During market research. EPA contacted (8) manufacturers and suppliers for aerobic digesters. EPA’s highly experienced technical contractors identified these manufacturers in their attempt to find all potential domestic manufacturers of the above-mentioned product. When contacted, (6) manufacturers for aerobic digesters responded, with (1) indicating they could supply a product that was BABA compliant. Prior to submission of the waiver request, the tribe communicated with this manufacturer and determined that the product in question did not meet the required specifications. At EPA’s request, the tribe contacted the manufacturer again and confirmed that the product had not changed and did not meet the tribe’s specifications. The tribe’s specification requires an aerobic digester that produces a compost/nutrient end-product.

Description of items, products and materials or categories of such anticipated to be covered by this waiver

Public comment link

Final waiver link

Is this a general applicability waiver?