News & Analysis as of

Infrastructure Buy American Act Federal Acquisition Regulations (FAR)

Stinson LLP

Fail to Comply with Domestic Preference Rules at Your Peril

Stinson LLP on

Federal government contracts and grants require contractors to certify the delivery of domestic end products unless an exception applies. Domestic preference rules include the Buy American Act (BAA) and Trade Agreements Act...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

Snell & Wilmer

Resetting the “Buy American” Waiver List: Federal Government Slashes Exceptions to Domestic Procurement

Snell & Wilmer on

With the goal of bolstering domestic U.S. manufacturers and supply chains, the Federal Government has announced revisions to the “Buy American” program that will pressure U.S. agencies and companies to work with domestic...more

King & Spalding

OMB Finalizes Regulatory Guidance On “Buy America Preferences For Infrastructure Projects”

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Revised guidance takes effect on October 22, 2023 and will be supplemented by forthcoming memorandum - On August 23, the Office of Management and Budget (“OMB”) published final Guidance for Grants and Agreements to...more

Akin Gump Strauss Hauer & Feld LLP

OMB Issues Final Buy America Rule and Guidance for Infrastructure Projects

On August 14, 2023, the Office of Management and Budget (OMB) released a pre-publication version of final guidance implementing the Build America, Buy America Act (BABAA).The guidance adds a new Part 184 in 2 C.F.R. and...more

Pillsbury Winthrop Shaw Pittman LLP

OMB Finalizes “Build America, Buy America” Domestic Content Guidance

The Build America, Buy America Act generally requires that non-federal government infrastructure projects that benefit from federal government funding impose requirements for the use of domestic iron and steel and...more

Hogan Lovells

Federal Grants & Buy America: OMB Proposes Requirements for Federally Funded Infrastructure Projects

Hogan Lovells on

In February, the Office of Management and Budget (OMB) proposed new Buy America regulations for Federal grants, to implement the Build America, Buy America (BABA) Act signed into law on November 15, 2021. BABA required that...more

Seyfarth Shaw LLP

What’s the Status of Buy American Requirements for Public Infrastructure Projects?

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More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part...more

Venable LLP

OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many...

Venable LLP on

While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform...more

King & Spalding

OMB Proposes New Regulatory Guidance On “Buy America Preferences For Infrastructure Projects”

King & Spalding on

Comments On The Proposal Must Be Filed By March 13, 2023 - Two days after President Biden’s State of the Union address announced that there would be “new standards to require all construction materials used in Federal...more

Morrison & Foerster LLP - Government...

OMB Proposes New Domestic Preference Requirements For Federally Funded Infrastructure Projects

On February 9, 2023, the Office of Management and Budget (OMB) issued a proposed rule that would subject all federally funded infrastructure projects to domestic preference requirements that are materially similar to the Buy...more

Wiley Rein LLP

OMB Issues Proposed Guidance on Requirement for U.S.-Produced Construction Materials in Infrastructure Projects

Wiley Rein LLP on

WHAT: Following the State of the Union, in which President Biden reiterated the Administration’s focus on made-in-America infrastructure, the Office of Management and Budget (OMB) issued proposed guidance aimed at...more

Maynard Nexsen

Buy American Act Content Requirements Are Tightening Again, Are You Prepared?

Maynard Nexsen on

Numerous changes to the Buy American Act (“BAA”) have been proposed and implemented in recent years, with another one coming this week.  Beginning today, on October 25, 2022, the domestic content requirement for components in...more

Wiley Rein LLP

Continuing Changes in “Buy American” Rules for Federal Contracts and Federally Funded Infrastructure Projects

Wiley Rein LLP on

Despite the deep partisan divides that exist in Washington, there is one issue that both parties seem to agree on: strengthening “Buy American” preferences when using government funds. ...more

McCarter & English Blog: Government Contracts...

I Will Find You: DOJ Uses Its Particular Set Of Skills To Enforce Domestic Preference Rules For Amtrak Projects

“Now, the next part is very important…” As scrutiny of domestic preference requirements increases in the wake of the Biden Administration’s Executive Order on Ensuring the Future Is Made in All of America by All of...more

Seyfarth Shaw LLP

President Trump Issues Third Installment of Buy American Initiative

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President Trump continues to push forward with his “Buy American, Hire American” initiative with the issuance of his third Executive Order No. 13881 (the “Order”) on July 15, 2019, entitled “Maximizing Use of American-Made...more

Stinson - Government Contracting Matters

New Executive Order Seeks to Sharpen the Teeth of the Buy American Act

On July 15, 2019, President Trump signed his third Executive Order on the topic of buying American, “Executive Order on Maximizing Use of American-Made Goods, Products, and Materials.” ...more

Faegre Drinker Biddle & Reath LLP

Government Contractors May Face New Hurdles Under Trump’s Executive Order Increasing Buy American Act Requirements

President Donald Trump’s most recent effort to maximize the use of goods, products, and materials produced in the United States through proposed changes to and enforcement of the regulations implementing the Buy American Act...more

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