New White House Buy America Guidance

On August 15, the Made in America Office (MIAO) within the White House Office of Management and Budget (OMB) unveiled its final Build America, Buy America Act (BABAA) guidance.

In addition to the 162-page guidance and summary document OMB released, AGC put together a brief frequently asked questions document here.

While AGC of America continues to review the guidance and will provide more information, some key topline points include:

  • Asphalt and concrete brought to the work site while hot/wet is generally exempt from BABAA requirements.
  • Cement and cementitious materials, aggregates such as stone, sand, or gravel, aggregate binding agents or additives remain except as construction materials; and when these exempt materials are “used at or combined proximate to the worksite” they will also be exempt from regulation as a manufactured product.
  • Precast concrete brought to the site would likely be covered as a manufactured product, however.

The final guidance is likely to take effect on or about October 18.

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