The U.S. Department of Housing and Urban Development recently proposed several waivers that largely delay—with some important exceptions—full compliance with domestic manufacturing preferences for construction projects.

The U.S. Department of Housing and Urban Development (HUD) recently proposed three new waivers that broadly delay implementation—for a bit—of Buy America requirements under the Build America, Buy America Act. The waivers include:

• A De Minimis, Small Grant, and Minor Components waiver proposes the exemption of infrastructure projects that have a total cost of $250,000 or less. Small grants of federal financial assistance are also excluded. Buy America requirements also would be waived for minor components of infrastructure projects.
• An Exigent Circumstances waiver proposes the exclusion of projects using federal financial assistance to respond quickly to address critical needs to ensure protection of life, safety, and property of residents and communities; and
• A Phased Implementation waiver proposes for an additional 90-day extension of the implementation date of the new Buy America requirements with one exception: funds utilized in connection with the purchase of iron or steel products in infrastructure projects funded by CDBG formula grants obligated by HUD on or after November 15, 2022.

AGC will comment on these proposed waivers. Please contact Jimmy Christianson at [email protected], if your member firm is interested in providing feedback for those comments.