Buy America & Build America, Buy America (BABA)

Three names, one idea — and which rule applies to you

"Buy America" is not one rule. FHWA Buy America (23 U.S.C. 313) applies to federal-aid highway funding — which is what NEVI and CFI are. Build America, Buy America (BABA, enacted in IIJA and implemented at 2 CFR Part 184) extends domestic-content requirements to essentially all other federal financial assistance used for infrastructure, including EPA programs. The FAR Buy American Act is a third regime for direct federal procurement. Which one binds your project depends on whose money you are spending — which is why this site treats domestic content as a funding-attached requirement.

For EV chargers bought with FHWA-administered funds, the operative document is FHWA's waiver of Buy America requirements for EV chargers, published February 21, 2023 (88 FR 10619). It replaced an unworkable default — chargers were effectively impossible to buy compliant — with a phased domestic-content standard the industry could meet.

What FHWA currently requires of EV chargers

Under the 2023 waiver, effective March 23, 2023: chargers had to undergo final assembly in the United States, and — for chargers manufactured on or after July 1, 2024 — the cost of components manufactured in the United States must be at least 55% of the cost of all components, in addition to U.S. final assembly.

One exclusion matters for spec writers: charger housings that are predominantly steel or iron are excluded from the waiver and must meet FHWA's standard Buy America requirements for steel and iron — melted and poured domestically.

The proposed 2026 change — proposed, not in force

On February 12, 2026, FHWA published a notice of proposed modification to the 2023 waiver that would raise the domestic component-cost threshold from 55% to up to 100%, alongside the existing U.S. final-assembly requirement. The comment period closed March 16, 2026 (docket FHWA-2025-0070). As of August 31, 2026, no final notice has been published — the 55% threshold remains the requirement in force.

If FHWA finalizes the modification, it would apply to projects for EV charger acquisition or installation obligated after publication of the final notice. Projects obligated before then are governed by the waiver terms in effect at obligation. If you are planning a 2026–2027 federally funded project, watch this docket — the threshold your chargers must meet may depend on when your funds are obligated. This page is re-verified quarterly and will reflect any final action.

Who certifies, and what goes in the award file

Domestic-content compliance is certified by the funding recipient — the state DOT, agency, or grantee — not by the manufacturer directly. What the recipient needs from the manufacturer is documentation: a manufacturer's certification letter identifying final assembly location and domestic component-cost share for the specific models on the project. That letter belongs in the award file, and a diligent grant administrator will ask for it before obligation, not after installation.

Because obligations attach at the project and program level, the right compliance documentation is project-specific. Ask your charger vendor for documentation scoped to your funding program and obligation date, and keep it with your certification records.

ZEF Energy's position

ZEF's Buy America statement appears below, exactly as approved. For project-specific documentation, contact solutions@zefenergy.com. You can also request a meeting about project-specific compliance documentation.