HUD Issues RFI on New Buy America Requirements

The U.S. Department of Housing and Urban Development (HUD) is seeking feedback on how expanded Buy America requirements to construction materials would impact HUD financed projects.

The U.S. Department of Housing and Urban Development (HUD) published a Request for Information (RFI) on June 1, relating to the implementation of the Build America, Buy America Act (BABAA) that was included in the $1.2T Bipartisan Infrastructure Law. HUD is looking for input on topics such as cost of compliance for recipients and contractors, potential impacts on projects funded by HUD, and existing mechanisms for demonstrating compliance with Buy America preferences. The deadline for comment submissions for the RFI is on July 1, 2022.

AGC applauds HUD’s actions to delay implementation to gather more information for proper enactment without causing undue delays and hardships to contractors and plans to submit comments in response to HUD’s questions. If you are an AGC member who works with HUD and would like to share your experience and feedback with AGC to better answer the RFI, please send an email to [email protected].

For more background information, the expansion of domestic preference requirements includes, but is not limited to:

  • non-ferrous metals;
  • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
  • glass (including optic glass);
  • lumber;
  • drywall

AGC has also provided feedback to Office of Management and Budget’s RFI in regard to BABAA implementation, highlighting the need for more time to allow contractors and suppliers to gather information and adjust their supply chains accordingly or submit waiver requests for unavailable materials. The deadline for comments to OMB’s RFI was recently extended to June 6.

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