AGC (again) discusses the ongoing issues with the Build America, Buy America Act with the White House’s Made in America Office.

On May 17, AGC of America met with the White House’s Made in America Office (MIAO) as part of the Transportation Construction Coalition Fly-In to discuss ongoing issues with the implementation of the Build America, Buy America Act (BABAA). The Chair of AGC’s Highway & Transportation Division, Jeff Firth, had the opportunity to share his experiences and difficulties in complying with the new Buy America requirements, especially as it comes to the bidding process and the uncertainty of what materials satisfy the requirements. He requested further clarity and simplicity to the rules so that the bidding process does not add uncertain risks to contractors.

Other industry members also weighed in with concerns about the exclusions of aggregates and cementitious materials from the requirements, difficulty in finding proper compliance documentation for materials, and concerns about transparency in the waiver process. While the MIAO could not comment on certain topics, as they are currently in the rulemaking process, they did state that they are working on an efficient and transparent waiver process, including in part a repository of material availability throughout America to streamline information gathering. They also stated that their goal is to have a decision on waiver requests as quickly as possible so as to not impede construction projects.

AGC will continue to work with the Made in America Office so that BABAA can achieve its stated goals of increasing American manufacturing capacity while also ensuring that it does not put undue stress and burdens on contractors.

If you would like to learn more about Buy America requirements, along with the recently proposed guidance, click HERE to view a document highlighting the changes.

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