News & Analysis as of

Buy America Infrastructure Investment and Jobs Act (IIJA)

J.S. Held

Responding to New Buy America Requirements on FHWA Projects

J.S. Held on

The Federal Highway Administration has issued a final rule to implement the Build America, Buy America Act, which will impact transportation projects funded by federal dollars. While the rule may be adjusted following a...more

Fenwick & West LLP

Domestic Preference or Domestic Confusion? Made in America Laws in Government Contracting

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With the signing of the 2021 Infrastructure Investment and Jobs Act, which includes the Build America, Buy America Act (BABA), the Biden administration reiterated a long-standing policy trend of “Made in America” laws. These...more

Wiley Rein LLP

Wiley’s Top 10 Trade Developments: Buy America Requirements

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In this week’s video, partner Chris Weld discusses the Infrastructure Investment and Jobs Act and the Inflation Reduction Act. These laws modified and expanded “Buy America” requirements, adding complexity and compliance...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - November 2023 - OMB Issues Final Rule for Infrastructure Buy America Preferences

The Office of Management and Budget (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify...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

Sheppard Mullin Richter & Hampton LLP

Top 10 Takeaways from OMB’s “Build America, Buy America” Guidance for Infrastructure Projects

On August 23, 2023, the White House’s Office of Management and Budget (“OMB”) issued its notification of final guidance implementing Title IX of the Infrastructure Investment and Jobs Act (“IIJA”) – the Build America, Buy...more

Schwabe, Williamson & Wyatt PC

Build America, Buy America Act is on the Horizon

September 11, 2023 Effective October 23, 2023. Shareholder On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, Public Law 117-58. The Infrastructure Investment and Jobs Act...more

Cozen O'Connor

Build America, Buy America Final Guidance Issued

Cozen O'Connor on

On August 14, the Office of Management and Budget (OMB) issued a “pre-publication” version of its final guidance to promote the use of American-made materials in federally funded infrastructure projects.1 The guidance...more

Hogan Lovells

Federal Grants & Buy America: OMB issues final guidance for federally funded infrastructure projects

Hogan Lovells on

On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance (“Guidance”) implementing the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act...more

McGuireWoods LLP

OMB Issues Final Guidance for Build America, Buy America Requirements

McGuireWoods LLP on

On Aug. 14, 2023, the White House, acting through the Office of Management and Budget (OMB), issued final guidance to federal agencies implementing the Build America, Buy America Act (BABA), enacted as part of the...more

Fox Rothschild LLP

Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA)...

Fox Rothschild LLP on

Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White House, the...more

Miles & Stockbridge P.C.

OMB’s Proposed Rule for BABA Implementation Attracts Industry Criticism

The White House Office of Management and Budget (OMB) issued a Proposed Rule and Notification of Proposed Guidance to federal agencies earlier this year regarding the implementation of the Build America, Buy America Act...more

Robinson+Cole Construction Law Zone

More Funding Brings More Bureaucracy to Federal Projects

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58).  The IIJA includes the Build America, Buy America Act which declares that “none of the funds made...more

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series: Build America, Buy America - April 18th, 12:00 pm - 1:00 pm EDT

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Please join us for the third episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more

Brownstein Hyatt Farber Schreck

OMB Contemplates Changes to Buy America Guidance

The Office of Management and Budget (OMB) received nearly 2,000 comments on its proposed revisions to the guidance that will govern how Build America, Buy America Act (BABA) requirements codified in the Infrastructure...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 2, January 2023

EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing - The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more

Sheppard Mullin Richter & Hampton LLP

Another Piece to the Puzzle: OMB Issues Proposed Guidance on “Build America, Buy America” Requirements

Coinciding nicely with the discussion of “Buy America” priorities at the February 7, 2023 State of the Union address, on February 9, 2023 the White House’s Office of Management and Budget (“OMB”) issued a proposed rule to...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

Wiley Rein LLP

[Podcast] Buyer Beware: Key Compliance Considerations for Infrastructure Investment and Jobs Act Projects

Wiley Rein LLP on

On this episode, Wiley partners Tracye Howard and Eric W. Leonard break down major components of the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Act. Although the Act was passed in...more

K2 Integrity

Navigating the Made in America Landscape: Ensuring Compliance on Infrastructure Projects

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Passing the historic $1 trillion Infrastructure Investment and Jobs Act (IIJA) in November 2021, which allocates more than $550 billion in new infrastructure spending, was an early priority of the Biden administration. The...more

Nossaman LLP

Office of Management and Budget Issues Buy America Implementation Guidance

Nossaman LLP on

The Office of Management and Budget (“OMB”) recently issued initial Buy America implementation guidance required by Sections 70901-52 of the Infrastructure Investment and Jobs Act (P.L. 117-58; “IIJA”)....more

Holland & Knight LLP

White House Shares Guidance on Buy America Preference in Federal Infrastructure Projects

Holland & Knight LLP on

The Infrastructure Investment and Jobs Act (IIJA), which included the Build America, Buy America Act (the Act), was signed into law on Nov. 15, 2021, and created a deadline of May 14, 2022, for federal agencies to ensure...more

Foley & Lardner LLP

New “Buy America” Guidance for Infrastructure Projects: Key Takeaways for Manufacturers

Foley & Lardner LLP on

On April 18, 2022, the U.S. Office of Management and Budget (OMB) issued preliminary guidance to federal agencies on how to implement the new “Buy America” requirements applicable to federally funded infrastructure projects. ...more

Sheppard Mullin Richter & Hampton LLP

“Build America, Buy America” – New Guidelines Issued for U.S. Infrastructure Projects

On April 18, 2022, the Biden Administration (through the Office of Management and Budget (“OMB”)) issued OMB Memorandum M-22-11 (the “Guidance”)[1] relating to the “Buy America” sourcing requirements under the “Build America,...more

Foley & Lardner LLP

Biden Administration Fills in Some Blanks on the Future of “Buy America” Requirements for Infrastructure Projects

Foley & Lardner LLP on

As federal agencies begin to roll out the funding and solicitations for infrastructure grants under the provisions of the Infrastructure Investment and Jobs Act (IIJA), one of the lingering questions for manufacturers has...more

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