On April 18, 2022, the Office of Management and Budget (“OMB”) published a memorandum entitled “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure” (“OMB Guidance”).  OMB M-22-11.  The OMB Guidance supplements the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act (“IIJA”), which was enacted in November 2021.  In addition, OMB issued a Notice of Listening Sessions and Request for Information (“RFI”) on April 21, 2022 seeking public input on BABA implementation.  Public comments are due by May 23, 2022.

Continue Reading Infrastructure Update: OMB Issues New Buy America Guidance for Federal Infrastructure Projects

On December 22, 2015, the U.S. District Court for the District of Columbia invalidated a Federal Highway Administration (FHWA) memorandum setting out the Agency’s position on the “Buy America” waiver for steel manufactured products.  The decision creates uncertainty as to the proper administration of Buy America requirements, and will likely reduce demand for steel and iron imports used in federally-funded transportation projects.
Continue Reading District Court Invalidates Important FHWA Exemptions to the “Buy America” Requirement