News & Analysis as of

Buy America Department of Transportation (DOT)

Robinson+Cole Construction Law Zone

The Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing Out

Amidst the flurry of tariff threats swirling around the world, the Federal Highway Administration (FHWA) is terminating the waiver known as the Manufactured Products General Waiver from the Buy America requirements found in...more

Nossaman LLP

FHWA Rescinds Longstanding Buy America Waiver for Manufactured Products

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On January 14, 2025, the Federal Highway Administration (FHWA) announced a new final rule to end its longstanding waiver of Buy America requirements for “manufactured products” used in Federal-aid highway projects....more

Wiley Rein LLP

FHWA Rescinds Longstanding Buy America Waiver for “Manufactured Products”

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WHAT: On January 14, 2025, less than a week before President Biden left office, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) published a final rule updating its Buy America rules to rescind...more

Husch Blackwell LLP

Federal Highway Administration Rescinds Longstanding Waiver for Manufactured Products

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On January 14, 2025, the Federal Highway Administration (FHWA) announced the end of its general waiver of Buy America requirements for manufactured products. The new FHWA rule aligns the FHWA requirements for manufactured...more

Ballard Spahr LLP

FHWA to Eliminate Buy America Manufactured Products Waiver for Federally-Assisted Highway Projects

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On January 14, 2025, the U.S. Department of Transportation (USDOT) Federal Highway Administration (FHWA) issued a final rule discontinuing its longstanding Buy America waiver for manufactured products used in...more

Ballard Spahr LLP

USDOT Proposes Elimination of Buy America Waiver for Federal Highway Administration-Funded Projects

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The U.S. Department of Transportation Federal Highway Administration (FHWA) on March 7, 2024, announced a proposed rule that would discontinue its longstanding Buy America waiver for manufactured products used in FHWA-funded...more

Pillsbury Winthrop Shaw Pittman LLP

Funding Application is Open for SMART Grant Program

The Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program will award funding for demonstration projects leveraging automation, connected vehicles, smart grid and other transportation-related...more

Nossaman LLP

OMB Issues Final BABA Guidance and USDOT Issues Final Public Interest Waiver

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The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA).  On August 14, 2023,...more

Maynard Nexsen

Transportation Moving Forward with Buy America Relief for Certain Contracts

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The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move...more

Nossaman LLP

U.S. Department of Transportation Proposes Important Buy America Actions; FTA Administrator Issues Buy America Dear Colleague...

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The Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA) expanded the scope of the Buy America preference by requiring that all construction materials, iron and steel, and manufactured products used in federally...more

Ballard Spahr LLP

USDOT Suspends Buy America Requirements

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Summary - The U.S. Department of Transportation (USDOT) has temporarily suspended Buy America requirements for certain construction materials needed to build infrastructure projects with federal participation, in part due...more

Orrick, Herrington & Sutcliffe LLP

What Does the Infrastructure & Investment Act Mean for U.S. DOT’s Build America Bureau? A Conversation with Executive Director Dr....

Orrick’s Matthew Neuringer was joined by Dr. Morteza Farajian, Executive Director of the Build America Bureau, to discuss the Bureau’s priorities after the historic passing of the Infrastructure Act, including expanded...more

Akin Gump Strauss Hauer & Feld LLP

Infrastructure Investment and Jobs Act Summary of Key Programs and Provisions

[co-author: Christina Barone] The Infrastructure Investment and Jobs Act (the “bill”) is historic bipartisan legislation that will make available $1.2 trillion in funding for infrastructure programs across the...more

Nossaman LLP

Recent Buy America Developments

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At the end of 2015, two modal administrations of the United States Department of Transportation (US DOT) have encountered changes to their Buy America programs. Both the Federal Transit Administration (FTA) and the Federal...more

Best Best & Krieger LLP

Federal Transportation Update: Highway Extensions, Buy America Waivers and Rulemakings

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Two Week Highway Trust Fund Extension While Conference Takes Place - Congress agreed to extend the Highway Trust Fund by two weeks until Dec. 4 so that House and Senate conferees could meet to craft a final version of...more

Nossaman LLP

USDOT Issues Temporary Exemption from Buy America for Certain Utility Relocations

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Following up on our previous post regarding the uncertainty surrounding the application of Buy America requirements to utility relocations, the United States Department of Transportation (USDOT) has recently released two...more

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