Your complete guide to the new rules, requirements, and everything AGC has done (to date) advocating on behalf of the construction industry.

The Build America Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act, requires that all iron, steel, manufactured products and construction materials used in federally assisted construction projects must be produced in the United States.

The White House’s implementation guidance and rules have evolved over the past couple of years which has made compliance difficult to maneuver. AGC has taken a whole of association approach to navigating Buy America requirements.

Buy America Legislation, Regulations, and Guidance

• Build America Buy America Act Legislative Text
• Guidance for Grants and Agreements
• Implementation Guidance
  • Guidance aimed at funding recipients, providing information on waivers, material requirements, program applicability, and list of exempt materials.
• Federal Agency-Specific Guidance and Waivers
• Current and Past Waivers
  • Under the drop-down menu, choose “Financial Assistance” for Waiver Type.
• FHWA Proposed Rule: Removal of Manufactured Products Waiver
• Impact of Free Trade Agreements on Buy America Laws

AGC Advocacy Efforts

• AGC filed a petition with the Office of Management and Budget to clarify requirements and increase transparency in the Buy America waiver process.
• Additional actions that AGC has taken to ensure the regulations do not pose an undue burden on contractors:
  • AGC expresses concerns with proposals to expand Buy America requirements –June 2021
  • AGC weighs in on Buy America to US Senate – July 2021
  • AGC asks for Buy America transition period and improvements to waiver process – January 2022
  • AGC meets with Made in America Office – March 2022
  • AGC calls on White House to study impacts of Buy America on Supply Chain – May 2022
  • AGC calls for delay of implementation of Buy America requirements – June 2022
  • AGC Member, Ali Mills, testifies on Buy America – December 2022
  • AGC Meets with FHWA Administrator on Buy America – January 2023
  • AGC Member, Jeff Firth, testifies on Buy America – February 2023
  • AGC weighs in on Made in America Guidance – March 2023
  • AGC meets with Made in America Office – May 2023
  • AGC Member, Lauren Benford, testifies on Buy America – January 2024
  • AGC and coalition allies file an administrative action to address implementation challenges – February 2024
  • AGC Member, Ty Edmondson, testifies on Buy America – February 2024
  • AGC weighs in on removing long-standing FHWA waiver – May 2024
  • AGC and ARTBA Survey Members to Inform FHWA on Material Availability – May 2024

AGC Resources to Help with Compliance

• Presentation: Understanding New Build America, Buy America Requirements
• FAQ on BABAA
• One pager on Federal Highway Administration requirements
• One pager on Federal Transit Administration requirements
• Finding Domestic Suppliers
  • The Manufacturing Extension Partnership (MEP) Program is named in BABAA as a resource for agencies and their partners to utilize in determining material availability and determination of whether waivers will be approved.

For more information, please contact Deniz Mustafa at [email protected].