News & Analysis as of

Supply Chain Buy America

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

Bradley Arant Boult Cummings LLP

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more

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

Morris, Manning & Martin, LLP

The Vital Impact of BABA Regulations on Federally Funded Infrastructure Projects

BABA Act's emphasis on using domestically produced steel is crucial for ensuring the quality, safety, and sustainability of infrastructure projects. The Build America Buy America (BABA) Act, part of the Infrastructure...more

Nossaman LLP

FHWA Rescinds Longstanding Buy America Waiver for Manufactured Products

Nossaman LLP on

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”

Wiley Rein LLP on

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

Husch Blackwell LLP on

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

Ballard Spahr LLP on

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

Latham & Watkins LLP

IRS Safe Harbor Eases Path for Domestic Content Bonus Tax Credits

Latham & Watkins LLP on

IRS Notice 2024-41 provides taxpayers with a clearer path toward qualifying for domestic content bonus tax credits through a new elective safe harbor....more

Husch Blackwell LLP

Federal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction...

Husch Blackwell LLP on

The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, which includes the Build America, Buy America Act (“BABA”), was signed into law by President Biden on November 15, 2021. BABA provisions apply to all Federal...more

Nossaman LLP

[Webinar] Buy America Implementation and Compliance (or How I Learned to Stop Worrying and Love the Build America Buy America Act)...

Nossaman LLP on

Join us on March 19, 2024 for the next presentation in our Infra Insight webinar series focusing on the Build America Buy America Act. While the Build America Buy America Act aims to promote domestic manufacturing and...more

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series - The Latest on “Build America, Buy America” and Other Domestic Preference...

Wiley Rein LLP on

Please join us for the latest installment in Wiley’s Federal Infrastructure Webinar Series, a series of webinars that brings together attorneys from across the firm to discuss current developments relating to the federal...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

McCarter & English Blog: Government Contracts...

Back to School: Time to Study the OMB Final Rule Implementing BABA

Just in time for the season of new backpacks, lunch boxes, and school supplies, the Office of Management and Budget (OMB) has assigned some homework to contractors looking to participate in Federal financial assistance...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

Wiley Rein LLP

OMB Issues Final Guidance on Implementation of Build America, Buy America Act

Wiley Rein LLP on

WHAT: The Office of Management and Budget (OMB) issued long-awaited final guidance on the implementation of the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. As we’ve highlighted in prior...more

Braumiller Law Group, PLLC

Braumiller Law Group August 2023 Newsletter

Uniformity, or rather the lack thereof, in procedures and practices within U.S. Customs and Border Protection's (CBP) Centers of Excellence and Expertise (Centers) is evidently harming compliant companies within the trade...more

Miles & Stockbridge P.C.

Proposed Amendment Tightens ‘Buy American’ Thresholds for DoD Procurements

The U.S. Department of Defense (DoD) recently issued a proposed amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) that tightens “Buy American” thresholds for DoD procurements....more

Robinson+Cole Manufacturing Law Blog

Unraveling the Confusion: Buy America, Buy American, Made in USA – Part 2

Last month, I offered the first in a series of blog posts that attempt to simplify the various laws that are often described as a single law: “Buy America,” “Buy American,” “Made in the USA,” “Made in America,” and “Build...more

BakerHostetler

Overview and Observations of Notice 2023-38 - Domestic Content Bonus Requirements

BakerHostetler on

On May 12, 2023, the Internal Revenue Service (IRS) issued initial guidance in the form of the Notice that provides taxpayers with preliminary guidance relating to the application of the domestic content bonus requirements...more

Robinson+Cole Manufacturing Law Blog

Unraveling the Confusion: Buy America, Buy American, Made in USA – Part 1

There is massive confusion both in the manufacturing community and the popular press. Even some of the well-respected industry publications have had a hard time getting it right....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

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

Braumiller Law Group, PLLC

Braumiller Law Group - February 2023 Newsletter

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain security. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies...more

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