FHWA Proposes to End Long-Standing Buy America Waiver

On March 7, 2024, the Federal Highway Administration announced that it has released a Notice for Proposed Rulemaking (NPRM) to end the longstanding Manufactured Products Waiver that has been in effect since the 1980s.

The proposed rule’s stated goals are to maximize the use of domestically produced manufactured products in federal-aid highway and bridge projects and to seek input on standards for such products covered under Buy America requirements.

While the proposed rule will not change Buy America requirements for iron or steel products, it will encourage greater reliance on U.S.-made products that contain iron and steel.

Overall, the proposed rule signifies a significant change to how permanently incorporated products will be sourced and used for projects that receive FHWA financial aid.

In addition to the NPRM, FHWA has issued a Request for Information (RFI) on the domestic availability of specific manufactured products commonly used in FHWA-funded projects in order to further assist FHWA in its rescission of the Manufactured Products Waiver and provide temporary exemptions for products that cannot meet Buy America requirements without the waiver.

AGC is currently reviewing the NPRM and will have more information for members soon.

If you have any questions or concerns about the new Buy America requirements, please contact Deniz Mustafa at [email protected].

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