§ 5323(j)(1)). FTA’s Buy America requirements apply to third-party procurements by FTA grant recipients. Department of Transportation issued a general waiver that delays the effective date of BABA’s domestic preference requirements for construction materials, until November 10, 2022.įTA’s Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless "the steel, iron, and manufactured goods used in the project are produced in the United States" (49 U.S.C. OMB also has published a request for information and invited public comments on key questions related to implementing BABA. Office of Management and Budget (OMB) issued memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure,” to guide federal agencies’ initial implementation of BABA. On November 15, 2021, the Build America, Buy America Act (BABA) (Sections 70901-52 of the Infrastructure Investment and Jobs Act, Public Law 117-58) became law.
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